Episode 07: "Next Gen" Reasonable Accommodations And Disability Law Trends
In May, the Equal Employment Opportunity Commission (EEOC) announced it was suing a Maryland-based employer for allegedly violating Title I of the Americans with Disabilities Act (ADA) by refusing to allow an employee to...more
A Maryland employer recently found itself in the Equal Employment Opportunity Commission’s (EEOC) doghouse when it allegedly summarily rejected an employee’s accommodation request to have his service animal come to work with...more
Dogs are a human’s best friend – but are they the hospitality industry’s best friend, too? Restaurant owners may be wondering what their rights, responsibilities, and options are with respect to letting our furry friends...more
In attempting to assess the complicated balance between an individual employee’s need for a service animal and the requirements of clients, customers, patients, and the workplace as a whole, the Eighth Circuit has weighed in...more
The Equal Opportunities Commission recently issued Guide Dogs: A Practical Guide with a view to better protect the rights of guide dog users in public settings....more
Recently, we discussed whether a miniature horse qualified as a service animal allowed to enter public accommodations under Title III of the Americans with Disabilities Act. The answer is yes, but what does that mean for...more
As an avid, albeit misguided, reader of breaking news alerts, I am increasingly feeling like the narrator in the old Tom Petty song, “Jammin Me.” If you are like me and are feeling truly exhausted from the daily bombardment...more
Most of us know that when an employee or visitor to a place of public accommodation requests a reasonable accommodation, the ADA requires an interactive process to make an individualized determination. But what about a...more
We have all seen it. The unruly lap dog brought into a restaurant, yipping away, or the big dog running through a store dragging along its owner who, of course, claims it is a “service animal,” even though it clearly is not....more
Executive Summary: Title III of the Americans with Disabilities Act (ADA) prohibits disability discrimination in places of public accommodation, which includes businesses (including transit) that are open to the public – like...more
Emotional support animals seem to be everywhere. We see them on planes, in restaurants, and other businesses. Places that were once off-limits to animals have “gone to the dogs.” What do you do, however, when your employee...more
A New Zealand advertising agency employee recently made headlines after bringing an emotional support clown to his termination meeting. Sensing the writing on the wall, the man paid $200 to hire a professional clown to...more
Trucking Company Charged Fees for Driver's Dog Although It Was a Reasonable Accommodation For His Disabilities, Federal Agency Charges - MINNEAPOLIS - The EEOC announced today that it concurrently filed a lawsuit and a...more
Q. An employee has requested that he be allowed to bring his Labradoodle to work with him. Do we have to accommodate this request?...more
Game of Thrones’ Queen Daenerys Targaryen is the Mother of Dragons. During the eight seasons of the HBO series, which concludes on Sunday, she has often been accompanied by one or more of the large, fire-breathing beasts in a...more
Federal Agency Charged That Trucking Giant Refused to Hire Veteran Because He Uses a Service Dog - CEDAR RAPIDS, Iowa - CRST Expedited, Inc./CRST International, Inc. will pay $47,500 and furnish other relief to settle a...more
Identifying and navigating disability and leave-related issues can be difficult. Managing issues that involve the ADA, FMLA, company policies and workers’ compensation programs can be time-consuming and confusing. How well...more
In this episode of The Proskauer Brief, partners Harris Mufson and Howard Robbins continue their “Can My Employees Do That?” series. In this installment, Harris and Howard discuss the legal requirements regarding service...more
Given the menagerie of terms, it is easy to see why some business owners are quite confused about what to do when they are asked to permit an animal in their places of business. Part of the confusion comes from the multitude...more
Many people chuckled when they read the news story about the woman who attempted to bring her “emotional support squirrel” on a Frontier Airlines Flight early in October. However, it is hard not to notice the proliferation of...more
The Americans With Disabilities Act (ADA) requires covered entities to make "reasonable modifications" in their policies, practices, or procedures when necessary to accommodate people with disabilities. Many individuals with...more
As a proud “dog dad,” I certainly appreciate our furry friends. However,service animals can cause problems in the workplace and leave businesses questioning how to handle the situation. There are two major issues for...more
Dear Littler: I read a New Yorker article about people bringing their dogs everywhere, claiming they were emotional support animals. It mentioned a dog trying to get into Carnegie Hall. But everyone knows there’s only one...more
Suppose you hire Kristin Chenoweth to be your new TV show host, and she shows up on the set with her dog Thunder, claiming she needs the dog for emotional support. Must you allow this distraction?...more
Dear Littler: One of our employees here in Iowa has requested to bring a pet pig to work for “emotional support” purposes. A pig! In a factory! Do I need to entertain her request? And if so, what do I tell other employees?...more