[nagdu] Walmart

Mon Jan 5 23:21:20 UTC 2015

I had included that in my response the other day.

Steve
Here is the info I had sent:
This is an ADA Title I issue, not an ADA Title III issue which is seemingly
being referred to.  Six months is not reasonable where the ideology behind
reasonable accommodations come from.  See my last notation in this response
marked with **.

Under ADA Title I, which covers provisions of the law addressing employment,
businesses must provide reasonable accommodations to protect the rights of
individuals with disabilities in all aspects of employment. Possible changes
may include restructuring jobs, altering the layout of workstations, or
modifying equipment. Employment aspects may include the application process,
hiring, wages, benefits, and all other aspects of employment. Medical
examinations are highly regulated.

It is a violation of the  ADA to fail to provide reasonable accommodation to
the known physical or mental limitations of a qualified individual with a
disability, unless to do so would impose an undue hardship on the operation
of the business. Undue hardship means that the accommodation would require
significant difficulty or expense.

Frequently, when a qualified individual with a disability requests a
reasonable accommodation, the appropriate accommodation is obvious. The
individual may suggest a reasonable accommodation based upon her own life or
work experience. However, when the appropriate accommodation is not readily
apparent, the employer must make a reasonable effort to identify one. The
best way to do this is to consult informally with the applicant or employee
about potential accommodations that would enable the individual to
participate in the application process or perform the essential functions of
the job. If this consultation does not identify an appropriate
accommodation, there are a multitude of resources that can help with this.
Another resource is the Job Accommodation Network (JAN). JAN is a free
consultant service that helps employers make individualized accommodations.
The telephone number is 1-800-526-7234.

It is not necessary to provide a reasonable accommodation if doing so would
cause an undue hardship. Undue hardship means that an accommodation would be
unduly costly, extensive, substantial or disruptive, or would fundamentally
alter the nature or operation of the business. Among the factors to be
considered in determining whether an accommodation is an undue hardship are
the cost of the accommodation, the employer's size, financial resources and
the nature and structure of its operation.

If a particular accommodation would be an undue hardship, the employer must
try to identify another accommodation that will not pose such a hardship. If
cost causes the undue hardship, the employer must also consider whether
funding for an accommodation is available from an outside source, such as a
vocational rehabilitation agency, and if the cost of providing the
accommodation can be offset by state or federal tax credits or deductions.
You must also give the applicant or employee with a disability the
opportunity to provide the accommodation or pay for the portion of the
accommodation that constitutes an undue hardship.

The employer and the individual with a disability should engage in an
informal process to clarify what the individual needs and identify the
appropriate reasonable accommodation.  The employer may ask the individual
relevant questions that will enable it to make an informed decision about
the request. This includes asking what type of reasonable accommodation is
needed.  The exact nature of the dialogue will vary. In many instances, both
the disability and the type of accommodation required will be obvious, and
thus there may be little or no need to engage in any discussion. In other
situations, the employer may need to ask questions concerning the nature of
the disability and the individual's functional limitations in order to
identify an effective accommodation. While the individual with a disability
does not have to be able to specify the precise accommodation, s/he does
need to describe the problems posed by the workplace barrier. Additionally,
suggestions from the individual with a disability may assist the employer in
determining the type of reasonable accommodation to provide. Where the
individual or the employer are not familiar with possible accommodations,
there are extensive public and private resources to help the employer
identify reasonable accommodations once the specific limitations and
workplace barriers have been ascertained.(26)

**And finally, how quickly must an employer respond to a request for
reasonable accommodation? An employer should respond expeditiously to a
request for reasonable accommodation. If the employer and the individual
with a disability need to engage in an interactive process, this too should
proceed as quickly as possible.  Similarly, the employer should act promptly
to provide the reasonable accommodation. Unnecessary delays can result in a
violation of the ADA.

HTH,

-----Original Message-----
From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Tracy Carcione
via nagdu
Sent: Monday, January 05, 2015 12:03 PM
To: nagdu at nfbnet.org
Subject: Re: [nagdu] Walmart

Does the law say anything about timely response?  I believe the original
poster said Walmart took 6 months to approve the request to bring a guide
dog to work.  It certainly looks like management and HR were playing games,
hoping the request would go away if they putzed about long enough.
Tracy

> 	To clarify the issue of reasonable accommodations to bring a guide 
> dog to work. Title I does require an individual to request a 
> reasonable accommodation. The only way such a request can be denied is 
> if the employer can demonstrate that the presence of a service dog 
> poses a direct threat, defined as a significant risk to the health or 
> safety of others that cannot be eliminated by a modification of 
> policies, practices or procedures" or if granting the request poses an 
> undue burden to the employer. There are very few circumstances in 
> which a direct threat would be invoked and even fewer in which it 
> could be demonstrated the presence of the service dog poses an undue 
> burden. JMHO!
>
> Fraternally yours,
>
> Marion Gwizdala, President
> National Association of Guide Dog Users Inc.
> National Federation of the Blind
> (813) 626-2789
> (888) 624-3841 (Hotline)
> President at nagdu.org
> http://www.nagdu.org
>
> High expectations create unlimited potential for the blind!
>
>
>
>
> -----Original Message-----
> From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Cindy Ray 
> via nagdu
> Sent: Sunday, January 04, 2015 7:46 AM
> To: 'Laura T'; 'NAGDU Mailing List, the National Association of Guide 
> Dog Users'
> Subject: Re: [nagdu] Walmart
>
> First of all, that whole policy doesn't make sense. If you have had to 
> struggle to get permission to bring your dog to work, that is against 
> the law I think. I am sure Marion will speak to that more.
> Could you please use punctuation when you type your messages though. I 
> find them harder to follow with speech. I hate to say this, but 
> periods and commas do sort of make the message a little more readable.
>
> Thanks.
> Cindy
>
>
> -----Original Message-----
> From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Laura T via 
> nagdu
> Sent: Sunday, January 4, 2015 6:32 AM
> To: nagdu at nfbnet.org
> Subject: [nagdu] Walmart
>
> I would like to vent my frustrations about a policy that needs 
> changing I am a guide dog user and I have worked with my employer 
> Walmart for 6 months to get permission to bring my dog to work with me 
> Which I have gotten just getting the final arrangments in place But 
> Walmart's service dog policy for the general public shopping in the 
> store hurts those of us that have legitimate service animals the 
> policy states that only a salaried member of management can make an 
> inquiry into the nature of why an animal is in the store Unless thew 
> door greater makes the call to question upon entering the store.Now 
> let me go on to say that in my store they have reassigned the door 
> greeters to other tasks and management has little time to police this 
> issueI have seen kittens wrapped in blankets in the store and 8 week 
> old puppies being brought in just to be shown off my feeling is that 
> if anyone can walk through any door of Walmart at any time with any 
> animal this is hurting those of us who really  need service animals 
> animals that are untrained one of these days are going to bite someone 
> or worse yet harm a "real" service animal the sad part is that these 
> people don't even have to pretend that the animal is a service animal. 
> I have tried to speak with store management and have been told that it 
> is a corporate policy been shown the policy and told that they will 
> not change it because Walmart was sued in the past for harassing a 
> person with a service dog and lost if anyone else here works for 
> Walmart I would like to know if your experience is different  But I 
> would also like the groups opinion if I am taking this too personally 
> because I am a guide dog user and a Walmart employee thanks 
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