How would the employer know about the diagnosed mental disorder? ESA’s are not approved for the workplace, and employers cant ask about that. Only way it might possibly come up is if a person had to fly for work. Even so, if the person makes their own flight arrangements, or simply sends forms into the airlines and attaches them to the reservation, its may be unlikely the employer would know, unless the person was denied boarding and the employee chose to share the reason with their employer.
An employer has to consider an emotional support animal as an accommodation if requested. It could be that it is an unreasonable accommodation and can be denied, but the employer must engage in the interactive process with the employee. We have allowed a number of ESAs in our workplace (not the corporate office) but if it’s a sham, out they go.
@gouf78 that is just a stock photo of some poor, innocent yellow lab. The piece goes on to show similar photos of a variety of small dogs.
It is too bad that the initial image makes it seem like the lab was the culprit.
I haven’t seen any indication anywhere that the guilty dog was a pit bull.
That’s interesting, @MomofWildChild , as while service animals must be accommodated, it was my understanding that ESA’s are only covered in the home (fair housing) and on airplanes (air carrier access Act). However, if the person has a documented disability under ADA, I suppose they would have to be reasonably accommodated, and if the ESA is a reasonable accommodation ( and not a giraffe or something) then they’d fall under the ADA accommodations. But what if someone else in the workplace has a very dangerous allergy to the animal? And does having a MH diagnosis automatically mean the person is disabled?
It is not required that ESA be permitted. It’s just like any other accommodation- providing sitting breaks, a stool, reduced hours etc. If it allows the person to perform the essential functions of his or her job and is not an undue hardship to the employer, it might need to be offered under the AAADA after engagement in the interactive process with the employee. Other employee allergies would certainly be a consideration. We had a situation where the ESA was aggressive towards other animals (in a grooming facility) and got the boot.
"How would the employer know about the diagnosed mental disorder? "
Have you seen facebook and the internet full of people with their pets on planes? Or like our “friends” who sent out a Christmas card with their dogs on the plane (wearing ESA vests)?
Do people usually Facebook friend their boss? Might not be too prudent.
There’s a lot on FB that’s not prudent.
^ Well that’s for sure, @gouf78 !! But I don’t know anyone off the top of my head who is FB friends with their boss. Seems like a bad idea to me.
Forgot to mention-- an old college friend was posting pics of his new dachsund puppy with updates and cute pics. Then he posted a pic with the puppy on an airplane with a fake “service dog” vest!! Clearly a fake, and the dog was still a pup. Service dog? No way!! Grrr…
No FB friend with people from work. I don’t want to see someone at a beach when he/she called in sick.
You are assuming you are already employed.
Huh? If someone ends up employed by someone they are facebook friends with, they should put them on restricted. If a person has their account set with pretty tight controls, its probably not as easy as it used to be to see someone’s facebook posts just by searching. That said, if a person is job hunting, they should clean up their social media.
Just on ABC news: Delta reported an 84% increase in problems with animals on board since 2016. The news just reported that American and a few other airlines (I missed who they mentioned) will soon be following Delta’s lead in treviewing their procedures for ESAs. About time.
http://www.hawaiitribune-herald.com/2018/01/27/opinion/deltas-smart-move-to-bar-phony-support-animals/
Whoa. Didn’t realize the # transported PER DAY was so high!
Now a news story about a emotional support Peacock turned down by airlines. Really, a peacock?
Yes, believe it was United—bravo United!
I saw that story too with pictures. Have you ever heard a peacock squawk? It would wake the dead.
Yea, and if it opted to spread out its feathers, that would definitely impinge on a lot of folks seated nearby or damage the bird or both.