Bite, no bark: 8th Circuit recognizes limitations on certain ADA accommodations
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 U.S. 8th Circuit Court of Appeals (whose rulings apply to all Iowa employers) has weighed in over the last several months with discussions in two instances that limit the requested accommodations made by employees.
Better with a dog
Samantha Howard was a pharmacist at Bothwell Regional Health Center who suffered from Type 1 diabetes. As a result of her condition, she was granted various accommodations at work, such as being able to keep food and drink at her desk. Eventually, she also obtained a diabetic alert service dog who could detect impending blood sugar drops to help manage her condition.
As a pharmacist, Howard requested to be able to bring the dog into the main pharmacy area with her as she worked. Her request was subsequently denied because her employer was unable to “resolve the potential risks of contamination.” Notably, it further indicated it would work with her to find a different accommodation, thereby engaging in the interactive process that has become increasingly critical in the assessment of accommodation cases.