(1)
General rule. It is an
unfair practice for an employer, employment agency, labor union, or other
person to request that a trained dog guide or service animal be removed from
the workplace, UNLESS that employer, employment agency, labor union, or other
person can show that the presence, behavior or actions of that dog guide or
service animal constitutes an unreasonable risk to property or other
persons.
It is an unfair practice to remove a trained dog guide or service
animal from the entire workplace because the animal presents a risk of injury
or harm when in part of the workplace.
(2)
Assessing risk of injury or
harm.
(a) Risk to property or other
persons must be immediate or reasonably foreseeable under the circumstances,
not remote or speculative. Risk to persons may be given more weight than risk
to property. Risk of severe injury or harm may be given more weight than risk
of slight injury or harm. For example, a principal excludes a teacher's dog
guide because; "A neighborhood dog bit one of our kids last year, so I don't
allow any dogs at school." This is not "reasonably foreseeable
risk" justifying removal of the dog guide.
(b) Annoyance on the part of staff or other
customers of the workplace at the presence of the dog guide or service animal
is not an unreasonable "risk to property or other persons" justifying the
removal of the dog guide or service animal.
(c) Risk of injury or harm to the dog guide
or service animal is not a reason for an employer to remove or exclude the
animal. The decision whether to bring the animal to the worksite under such
conditions most properly rests with the person with a disability using the dog
guide or service animal.
(3)
Reasonable accommodation.
When risk justifies the removal of a dog guide or service animal from the
workplace, efforts must be made to reasonably accommodate the person with the
disability.
(4)
Liability. Law other than the law against discrimination governs
liability for injury or harm. Generally, a person with a disability using a dog
guide or service animal is responsible for the animal and may be held liable
for the behavior and actions of the animal.
