A Florida Federal Court may soon decide whether an emotional support animal may be a required reasonable accommodation in the workplace. On March 2, 2017, the Equal Employment Opportunity Commission (EEOC) filed a disability discrimination lawsuit against CRST Expedited Inc., a national trucking company. The EEOC claims that CRST failed to accommodate, refused to hire and retaliated against Leon Laferriere, a job applicant, because he used a service dog.
Laferriere is a veteran who uses a service dog to help control anxiety and to wake him up from nightmares caused by post-traumatic stress disorder. The EEOC alleges Laferriere requested on several occasions that his dog accompany him while driving. CRST refused to accommodate by stating it had a “no pet” policy, and later denied advancement to orientation and additional on-the-road training. In the lawsuit, CRST is being asked to hire Laferriere and to pay him appropriate back and front pay, as well as compensatory and punitive damages. Additionally, the EEOC is requesting that CRST permanently change its policy regarding reasonable accommodations under the American with Disabilities Act Amendments Act.
Employers are encouraged to engage in the interactive process with the employee and determine what reasonable accommodations, if any, can be made. In other words, employers need to check with human resources or legal department before denying an accommodation. We will continue to follow this notable case.
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WHAT WERE THE RESULTS OF THAT LAWSUIT?
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Hi Bonnie,
The case is still pending in federal court in Cedar Rapids, Iowa. We will continue to follow the case and provide any updates.
Thanks for reading!
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Emotional support animals and service dogs are TWO DIFFERENT THINGS. ESAs provide comfort due solely to their presence, and there are no training standards. Service dogs are TASK-TRAINED to do specific things to mitigate a person’s disabilities, such as alerting to an incoming seizure.