Is Bringing Pets to Work Illegal

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In the modern world, employees are not just a workforce that follows the instructions of the boss. The modern HR system is arranged in such a way that the employer listens to the opinion of the workers because a highly qualified specialist is the main asset of the company. One of the latest innovations foe workers is the permission to take a pet to the workplace.

Such a measure has an extremely beneficial effect on efficiency and satisfaction with the workflow. However, not all companies agree with this policy and prohibit it. So, the American retail company Hobby Lobby refused an employee’s query to have a service dog nearby. As a result, the U.S. Equal Employment Opportunity Commission filed a lawsuit, and the company was publicly criticized.

In this article, we will talk about the essence of the conflict, the nuances in the legislation on this topic, and how to persuade an employer to allow you to bring a pet.

Court Case

The basis of the proceedings is that Hobby Lobby first rejected the employee’s request to come with a service dog, and then fired the woman when she disobeyed the ban. However the employee had a weighty argument about the need for a service dog, since she suffers from post-traumatic syndrome and depression. The illness of a woman falls under disability and the wording of “The Americans with Disabilities Act” prohibits discrimination of workers by the employer and requires to help if it is not “undue hardship” for the business.

Do Service Pets Equal “Undue Hardship”?

The answer to this question includes a loophole in the law, because if an employer can prove that an animal interferes with the work of other employees, then he will be right. Hobby Lobby tried to put pressure on the fact that the dog would cause allergies in other colleagues, but they could not hide the fact that the company allows customers to bring pets.

At this point, the wording about how service pets differ from support pets comes into play. Service pets are animals that are trained to perform different tasks for a person who is limited in capabilities. Support pets provide therapeutic comfort and emotional support, but not perform any duties. Thus, Hobby Lobby was formally right as the dog of the dismissed worker did not do any work for her.

What Can Be Done?

If you feel an urgent need to have your animal nearby to increase working efficiency, then you can do the following:

  • Provide a certificate from a doctor confirming disability.
  • Explain how the animal helps you.
  • Demonstrate how an animal can perform tasks.
  • Submit an animal care plan at the workplace.

If the employer is satisfied with everything and the presence of the animal does not entail “undue hardship” for the business, then you will be given permission.

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