What Happens When Employees' ADA Accommodations Collide?

Two people work in the same office. Sandy enjoys the company of her service animal, Max, who leads her safely around the office. Brad, however, is deathly allergic to dogs. Both employees have cubicles in the same office and are now stuck in a difficult situation.

How can a small company employer reasonably accommodate both workers and stay on the right side of employment laws?

The problem stems from the premise that no disability be treated as more important than another. As such, no accommodation can favor one over another. Conflicts like this can arise, and the Americans with Disabilities Act (ADA) says employers should discuss accommodation options in good faith.

In the Sandy and Brad example, considerations could include working in opposite areas of the building, providing enclosed workspaces, scheduling their work times apart, or working from home or another location.

For legal advice on your workplace accommodation issue, contact an experienced employment law attorney.

Reasonable Accommodation Requirements: Service Animals and Employee Allergies

Laws prohibit employment discrimination based on disability, and employers must provide reasonable accommodations.

Allowing an individual with a disability to have a service animal or an emotional support animal accompany them to work may be considered such an accommodation. The Equal Employment Opportunity Commission (EEOC), which enforces the employment provisions of the ADA (Title I), has no specific regulations on service animals.

In the case of a service or emotional support animal, if the disability is not obvious and/or the reason the animal is needed is unclear, an employer may request documentation establishing the existence of a disability and how the animal helps the individual perform their job.

Once an employer learns that an applicant or employee has significant difficulty due to allergic reactions to a substance in the workplace, the employer must accommodate the employee.

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Defining Disability Under the ADA

The ADA defines an individual with a disability as someone with a physical or mental impairment that substantially limits a major life activity such as working. Major life activities also include major bodily functions such as the immune system.

For both service animals and allergies, the employer’s standard is the same. A reasonable accommodation is a modification or adjustment to a job, work environment, or how things are usually done that enables a qualified individual with a disability to enjoy an equal employment opportunity.

Reasonable Accommodations and Undue Burdens on the Employer

Employers are not required to provide any accommodation if it would impose an undue hardship on their business.

What constitutes an undue burden can vary from one employer to the next, depending upon the size of the employer’s business, its financial resources, and other factors.

“It is the employer’s burden to demonstrate that an accommodation creates an undue hardship, and that determination is ultimately subjective,” says Stuart Katz, an employment and labor law attorney at Cohen and Wolf in Bridgeport, Connecticut. “Employers need to think carefully about how that decision will be evaluated by a judge or jury down the line.”

EEOC complaints have been filed for failure to accommodate service animals, and many lawsuits have paid out the statutory maximum of $300,000 or more — not to mention the cost of defending such a suit.

In 2017, a state worker in Nevada won a $3 million lawsuit after a trial over his workplace allergy to perfume. Another case in 2010 had the city of Detroit paying $100,000 for allergies related to perfume use in the workplace.

How Can an Employer Fix This Issue?

Find Legal Help

If working with an employer yields unfavorable results for any party, they should contact an experienced and reputable employment lawyer for advice on next steps.