Introduction to the Equal Employment Opportunity Commission (EEOC)
The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy and related conditions, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information.
Most employers with at least 15 employees are covered by EEOC laws (20 employees in age discrimination cases). Most labor unions and employment agencies are also covered.
The laws apply to all types of work situations, including hiring, firing, promotions, harassment, training, wages, and benefits.
What the EEOC says about ESAs
In terms of employment under the ADA, the US Equal Employment Opportunity Commission (EEOC) is the federal agency that creates the regulations (Title I) related to employment. They have not defined service animal in their regulations, unlike the US Department of Justice (DOJ) in its ADA regulations for Title II and III. Instead, the EEOC has made the issue one of reasonable accommodation, the mechanism by which a person with a disability can ask for a change or alteration in the work environment in order to be able to do the essential job functions. In the workplace, an emotional support animal might be a possible reasonable accommodation. However, the employer must decide whether or not it is reasonable to permit the dog and that it would not cause an undue hardship to allow the dog.
What is required
Documentation might include a detailed description of how the animal would help the employee in performing job tasks and how the animal is trained to behave in the workplace. A person seeking such an accommodation may suggest that the employer permit the animal to accompany them to work on a trial basis.
An official diagnoses of a DSM recognized disability by a licensed medical professional.
Proof of said mental/psychiatric disability and must be presented to the employer.
A request needs to be made in writing to the employer, manager or other appropriate authority. The request should state that the employee has a disability and explain how the requested accommodation will be helpful.
The employee needs to include a note or letter of prescription from his or her service provider, such as a doctor or therapist, verifying the need for the support animal.
Legal denial for accommodation
Both Service and Emotional Support Animals may be excluded from the workplace if they pose either an undue hardship or direct threat in the workplace. However, allergies and fear of dogs by coworkers are not valid reasons for denying access or refusing to allow the use of Service Animals or ESAs.
If they pose either an undue hardship or a direct threat in the workplace.
If the animal causes/displays notable disturbances, destruction, or aggression.
If the animal hinders your ability to work instead of improves performance.
Based on past court cases: it's possible only dogs or miniature horses apply to the EEOC.
Comments