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Upon reevaluation, service dog accommodation revoked as ‘unworkable’

February 2023 employment law letter
Authors: 
Charlie Plumb, McAfee & Taft

With increasing frequency, employees ask to bring animals to work. Under some circumstances, the Americans with Disabilities Act (ADA) recognizes the presence of a bona fide service animal in the workplace can be a potential accommodation. Just like any other accommodation issue, employers must address such requests on an individualized basis. A recent case provides a good roadmap of how to handle such requests.

Anxiety disorder, a service dog, and a hospital

Mia Bennett was a nursing student who suffered from generalized anxiety disorder and experienced panic attacks. To treat her panic attacks, Bennett took medication and used a service dog named Pistol. A Pembroke Welsh Corgi, Pistol was trained to detect Bennett’s rising anxiety and signal her to take medication before the full onset of a panic attack.

Bennett’s first clinical training rotation was at Hurley Medical Center in Michigan. For six weeks, she would accompany doctors and nurses during their rounds of patients’ rooms. Before her rotation even began, the nursing student contacted the hospital’s HR department to request permission to have Pistol on site as an accommodation for her anxiety.

She also provided the hospital with a statement from her licensed professional counselor confirming that Pistol’s presence would “allow [her] to take steps to avoid a panic attack.” Hurley Medical approved her request.

Problems with Pistol

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