Understanding the Law

As more service animals enter the workplace, questions such as "Can I bring my service animal to work?" are among thousands of employment and access questions related to disability issues phoned yearly into a toll-free line which leads to ILR.

On Thursday, Erin Sember of ILR debuts a program she has developed to help employers, individuals with disabilities and others understand the often intricate implications of the Americans with Disabilities Act (ADA) on service animals.

"The ADA is not a black and white law, it's a civil rights law that leaves a lot of room for negotiation and interpretation.  There's responsibility on all sides.  I help people have that conversation," said Sember, an ADA technical assistance specialist in ILR’s Employment and Disability Institute.

The institute houses and staffs the Disability and Business Technical Assistance Center – Northeast ADA Center (DBTAC-Northeast).

Serving New York, New Jersey, Puerto Rico and the Virgin Islands, it is part of a federally-funded network which helps people understand the Americans with Disabilities Act.

Signed into law in 1990, the legislation prohibits -- under certain circumstances -- disability-based discrimination.

During the past 12 months, the technical assistance center at ILR has conducted 49 workshops, trainings and other events related to the Americans with Disabilities Act.

Events included "Tapping into Talent:  Best Practices in Hiring, Accommodating and Retaining People with Disabilities" and "Serving Customers with Disabilities:  Reaching Out and Expanding Your Market."

Employers, state and federal agency workers, individuals with disabilities and others were among 1,803 participating. An additional 24 training sessions enrolling 650 people were presented throughout New York and New Jersey by members of the center's Trainer Network.

The center serves many others who tap its expertise by calling 1-800-949-4232.  The number rings at Sember's desk in ILR and also in the Albany office of Richard Vargas. In the past 12 months, the two have fielded more than 3,000 calls.

The Employment and Disability Institute contracts for Vargas's services through his employer, the New York State Commission on Quality of Care and Advocacy for Persons with Disabilities.

The DBTAC-Northeast is conducting a two-day training session on Wednesday and Thursday in Verona, N.Y., for members of its Trainer Network and other constituents from across the state. Topics will include, among others: "Intersections between New York State and Federal Disability Law," "Housing Issues for People with Disabilities," "Hiring Trends and Techniques for Job Seekers with Disabilities" and "Disability Inclusiveness and Competitive Advantage."

Sember will also present on the ADA guidelines related to service animals, like those which guide people who are blind, provide emotional support, alert people with hearing impairments to noise sources or assist individuals with mobility impairments. 

At the training session, Sember will be accompanied by her service dog, a 13-year-old black Labrador retriever named Maggie.

Service animals are working animals, even when they appear to be off duty, she said.

Many animal lovers feel compelled to pet a service animal; Sember cautions that petting can distract an animal from its job.

The training will include guidelines on appropriate interaction by members of the public with working animals and how service animal owners can effectively respond to questions about the animal.

The ADA stipulates that:

• Businesses and other organizations that serve the public must allow service animals into customer areas.

• It is legal to ask a customer or potential employee if an animal is a service animal and what tasks it performs.

• Asking a service animal's handler to identify his or her disability is not legal.

• Handlers are not required to provide identification cards for service animals.

• Businesses that sell or prepare food must allow service animals in public areas, even if prohibited by local or state health codes.

• Fears and allergies are not grounds for banning service animals from sites.

"Reasonable" accommodations must also be made for workers with disabilities, including those with service animals, "but there is no definition of "reasonable,"" said Sember, who encourages callers to negotiate agreements.

Sember and Vargas handle a wide variety of other questions, many of them related to employment, public access, ADA building compliance and, recently, the recession.

People are concerned about taking medical leave, fearing their jobs will be eliminated while they are away from work, Sember said.

Many call hoping to find a job, affordable housing or service providers. 

Although people can be referred to local resources, the primary role of the assistance center is to help people understand the Americans with Disabilities Act and other disability rights issues, Sember said, noting that the center is a neutral information resource.  It does not provide legal advice or advocacy services.

The service is free and callers can remain anonymous. Inquiries can also be made by email to dbtactnortheast@cornell.edu.  More information about the center is available at http://www.ilr.cornell.edu/edi/dbtacnortheast/.