Animals in the Workplace - PowerPoint Presentation

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Animals in the Workplace

C. W. Von Bergen & Martin S. Bressler

Southeastern Oklahoma State UniversitySlide2

Increased Importance of Taking Animals Everywhere—Including Work

American’s emphasis on their rights

Changing attitudes toward animals

Increasing numbers of people with mental illness

A nation of scammers

(?)Slide3

Americans Have Rights, Right?

“

They all go about with their

constitution

in their pockets

demanding their rights

.”

—

Manuel de

Mier

y

Terán

Mexican General, 1828Slide4

A Paradigmatic Shift in Attitudes and Behavior Toward AnimalsSlide5

Many

Couples Signing ‘Pup

Nups

’

To

Prevent Future Legal 

Battles

By

Kathryn Hauser,

WBZ-TV, Boston,

November

24, 2014 Slide6

Mental Illness by the Numbers

Approximately 1 in 5 adults in the U.S.—43.7 million, or 18.6%—experiences mental illness in a given year

.

Approximately

1 in 20 adults in the U.S.—13.6 million, or 4.1%—experiences a

serious mental illness

in a given year that substantially interferes with or limits one or more major life

activities.

Approximately

1 in 5 youth aged 13–18 (21.4%) experiences a severe mental disorder in a given year. For children aged 8–15, the estimate is 13

%.

6.9

% of adults in the U.S.—16 million—had at least one major depressive episode in the past

year.

18.1

% of adults in the U.S. experienced an anxiety disorder such as posttraumatic stress disorder, obsessive-compulsive

disorder,

and specific

phobias.

Among

the 20.7 million adults in the U.S. who experienced a substance use disorder, 40.7%—8.4 million adults—had a co-occurring mental

illness.

DSM-5

(2013) has broadened the tent so that more people are includedSlide7

A Nation of Scammers, Connivers,

Cheats, and Law Benders?Slide8

A Nation of Scammers, Connivers

Cheats, and Law Benders?

U

nderage

drinkers who flash fake

I.D.s

A

ble-bodied

adults who drive cars with handicapped license

plates

P

arents

who use a phony address so that their child can attend a more desirable public

school or play sports for a certain school

C

ustomers

with

30

items who stand in the express

lane dedicated to those having 10 or fewer items

Unfit for work: the

startling rise of disability in

America

P

et owners who want to take their animals everywhereSlide9

Animals in Various Entities

Towns and Communities

Colleges and Universities

Airlines

Housing

Apartments

Dorm rooms

Condominium and Home Owner

A

ssociations

WorkplacesSlide10

Pal Joey (Irwin): Oklahoma Woman, Kangaroo P

et

F

ind

N

ew

H

ome at Zoo

Christie Carr won the right to keep and live with a ‘

therapy kangaroo

’ (Irwin) in an exotic enclosure after city officials in Wynnewood, OK initially objected. Carr said the kangaroo has helped her battle her

depression

.

http://www.nydailynews.com/news/national/okla-woman-kangaroo-pet-find-new-home-zoo-article-1.1442863

Slide11

Christie and IrwinSlide12
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Woman Kicked Off Flight After Pet Pot-Bellied Pig

ESA

Stinks Up

P

laneSlide15

ESAs in "No Pet" Housing

University housing

Apartments

Dorm rooms

Apartment residences

Condominium and HOAsSlide16

A Muddled and Uncoordinated Taxonomy of Animals

companion animals

comfort animals

e

motional assistance animals

visitation animals

therapy animals

s

upport animal

social/therapy animals

assistive animals

public service animals

assistance animals

psychiatric

service

animals

seeing-eye dog, guide dog, hearing dog, mobility assistance dog, seizure-alert

dog

,

…… yada, yada, yada

pets

service

animals

emotional

support

animals (ESAs)Slide17

Bringing Animals to Entitieswith “No Pets” Policies

Service Animals

—

any

guide dog, signal dog, or other

dog (an exception for miniature horses)

trained

to do work or perform tasks

for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds,

preventing or interrupting impulsive or destructive behaviors, interrupting self-mutilation, pulling

a wheelchair,

or

fetching dropped

items;

not required to be registered or wear a special tag or vest; no definition of amount or type of work provided

Pets

—

the

affectionate term for animals kept for pleasure, comfort, love, and friendship; sometimes called “household pets”

Emotional Support Animal (ESA)

—

a

companion animal that provides therapeutic benefit through non-judgmental positive regard, affection, and a focus in life to an individual with a

verifiable

mental

or psychiatric

disability (generally a letter from a mental health provider); its mere presence provides a disability-related benefit, but it has

not been trained

to perform specific tasks or work for an individual Slide18

Service AnimalSlide19

PetsSlide20

Emotional Support Animals (ESAs)Slide21

Emotional Support Animals (ESAs)

ESAs help

people with mental illnesses in many ways. For example,

ESAs

may alleviate psychiatric symptoms by calming the handler and reducing physical and mental effects such as anxiety, fear,

flashbacks,

hypervigilance, hallucinations, intrusive imagery, nightmares, muscle tension, trembling, nausea and memory loss.Slide22

Animal Accommodation Spectrum

Pets---------------------ESAs-------------------Service

AnimalsSlide23

February 25,

2015,

San Antonio,

TX

Service

animals, yes; emotional support animals, no

A monkey bit a bank employee. The

owner

claimed

the monkey, Louis, was a service animal for an unspecified disability

.

Only dogs in public places (ADA-Title III).

Owner fined and monkey removed.Slide24
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The Problem? ESAs

ESAs are

rife for exploitation from some

individuals

who may not have a legitimate need for mental or emotional support, but rather are simply

looking for a legal loophole to keep

a pet with them

.

Entities are

being presented letters from mental health

providers

claiming that

an

ESA

is necessary for the mental or emotional health of the

person.

The problem (is it a problem

?) is that some

of these letters

can

be easily obtained, regardless of whether a true

disability exists.

Some entities, on the other hand, see pet welcoming policies as a competitive advantage

Eckerd College sees this as a way to enhance enrollment

Many high tech firms see this as a way to attract quality job candidatesSlide26

Key Laws—Context Matters

Americans with Disabilities Act of 1990 and its Amendments

(Titles I, II, III; increased emphasis on mental disabilities)

I—employment-related entities; employees and job applicants

II—

state and local

government entities (including colleges)

III—public places such

as restaurants, movie theaters, schools, day care facilities, recreation facilities

, doctors’ offices, hospitals, retail stores, libraries, etc.

Section 504 of the Rehabilitation

Act of 1973

—

covers

federal government facilities, activities, and

programs, and entities

that receive federal

funding

from discriminating against disabled persons (e.g., universities)

Fair

Housing

Amendments Act of 1988

—

dwellings, apartments, condominiums, and HOAs

Air Carrier Access

Act of 1986

—

air transportation

State regulations

e

.g.,

California

Fair Employment and Housing Act

(2012

)

requires employers to allow “assistive animals” as a necessary reasonable accommodation which includes animals of any species that provide

“emotional

or other

support”

to a person with a

disabilitySlide27

Disability and the ADA

Under the ADA,

disability

means:

A

physical or

mental impairment (increased emphasis these days)

that

(a) substantially

limits one or more of the major

life activities

of

an

individual;

(

b) a record of such an impairment; or (

c) being

regarded as having such an

impairment

Substantially limits a major life activity shall

not be interpreted strictly

to create a demanding standard for

disability; that’s why Congress developed the ADAAA in 2008

A mental impairment includes any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities, as well as psychological disorders or emotional or mental illnesses including depression, bipolar disorder, anxiety disorders (including PTSD), schizophrenia, personality disorders, and other similar conditions identified in the

DSM-5

which significantly limits one or more major life

activitiesSlide28

Who Identifies A Disability?

Under a new

California law,

the following individuals are considered “

health care

providers

”: acupuncturists

, podiatrists, dentists, optometrists, chiropractors, nurse midwives,

PAs

, physicians, psychiatric social workers, etc

.

Or you

can spend $

164

over the

Internet

to obtain

a

letter from

Chilhowee

Psychological Services.

Simply answer a few questions, and out pops a

letter.Slide29
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ESA Paraphernalia OnlineSlide32

Reasonable Accommodation

An employee’s rights under Title I of the ADA arise only as a matter of reasonable

accommodation.

This includes

modifications or adjustments that enable employees with disabilities to

perform the essential functions of their

job

.

However

, an employer is not required to provide a “reasonable accommodation” if it can establish that to do so would be an

undue hardship or be a direct threat to the safety of the employee or others

. 

For an employee/job applicant requesting reasonable accommodation for an ESA a firm

may

require the applicant or employee to provide medical

papers confirming a

disability and the need for an

accommodation

the necessity for the emotional support the animal provides in dealing with the disability (the

nexus

between the animal and the disability must be made

)

employers

are prohibited from inquiring about the underlying medical cause of the

disabilitySlide33

Reasonable Accommodation

A reasonable accommodation is any change in the workplace that enables a qualified individual with a disability to enjoy equal employment opportunities

.

So long as the requested accommodation does not constitute an undue financial or administrative burden

or hardship for

the

entity

,

or fundamentally alter the nature of the

entity, it must

provide the accommodation.

Several courts have already explicitly stated that an exception to a “no pets” policy is a reasonable accommodationSlide34

Standard

for an

Undue Hardship Is High:

Generally

Not

Be Supported at Court

pets

creating

allergic reactions

among co-workers which can cause interruptions to their ability to work

effectively

work

is disrupted

because of the need to take pets

outside

some

employees have a genuine

fear

of dogs, cats, etc., which needs to be

respected

there

are concerns of

liability

for an

organization

should

an employee be bitten or injured by a pet brought to

work

an

animal cannot be permitted because it

violates local/state health

standards

employee

complaints

alone will not likely constitute an undue hardship Slide35
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Increased Importance of Animals

Western society is experiencing a paradigm shift in attitudes and behavior toward animals

Many people today feel their pet is a member of the family

Why such change?

Affluence

Increased emphasis on mental illness/disorders

Increased numbers having mental illness (

DSM

-5)

Breakdown in relationships resulting in a greater dependence on pets for companionship and

social support

Greater

understanding of the

health

benefits

associated

with

human-animal

bonds

PETA

Resulting in

Increase spending on pet products and veterinary services

Pet cemeteries

Pet behavioral training and therapy

Prenuptial (e.g., “

prepups

”) agreements for pets are gaining popularity

Welfare concerns for animals (farmed animals; elephants in circuses) Slide39

Animal Accommodations

Physical Disability

The

needs of a blind person to have a Seeing Eye dog. These types of accommodations must

almost always be

made

and entities have

limited recourse to ask questions about the disability or the animal’s qualifications to serve as a service animal. Legitimate physically disabled persons with the need for service animals are

not the issue in question.

Mental Disability

It

is a question of a

mental/emotional

disability

that

is now the basis for an alleged need to keep an

animal at the entity’s location. Several federal laws (and sometimes city and state laws) require entities to make

reasonable accommodations to assist disabled people in

that entity. Based

on these laws,

individuals have

sought the right to keep

animals

to assist them with their emotional and/or mental problems claiming that these animals are

ESAs

and not just pets.Slide40
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You Could R

egister

a Beanie Baby, as

Long

as

You

S

end Money