I’ve previously written about an employer’s obligation to accommodate service or emotional support animals in the workplace, as well as guidelines the employer should consider if it finds itself on the receiving end of such a request. At the time of that blog post, the EEOC had filed suit in the Northern District of Iowa alleging that a national trucking conglomerate failed to accommodate, refused to hire, and then retaliated against a veteran truck driver because he used a service dog, in violation of the Americans with Disabilities Act (“ADA”). (The ADA both prohibits discrimination against individuals with disabilities and requires employers to provide reasonable accommodations to such employees to enable them to perform their essential job functions or enjoy the privileges and benefits of employment.) That case ultimately resulted in a negotiated settlement and consent decree in March 2019. More recently, in July 2022, the EEOC filed suit against arts-and-crafts retailer Hobby Lobby alleging that it violated the ADA by refusing to provide reasonable accommodations and by terminating a cashier who relied upon a service dog to assist her with symptoms caused by post-traumatic stress disorder, anxiety, and depression.
Continue Reading Support/Service Animals in the Workplace – What Should Employers Do?