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Anyone know about ADA laws and allergies?

Posted by on Jan. 15, 2018 at 5:36 PM
  • 14 Replies

We have recently run into a situation where my child who has an anaphylactic allergy to dogs is now having to deal with a service animal in a facility that she frequents on a regular basis.

I know the law was updated in the last couple of years and due to an allergy this severe, my DD's right to breathe seems like it can trump that of the dog being there.  Except that the dog is that of an employee at this facility. 

My DD was attending a camp at this facility and in my DD's registration information was listed that she has anaphylaxis when she is around dogs.  The dog was there and I didn't know until after I picked my DD up.  She was on the verge of needing the ER.  I was able to give her a double dose of Benadryl, but she was out like a light before she ever made it to her practice that night.  She slept on a bench while the rest of team trained.  This was to keep her out of the ER.

We are going to be approaching a situation where we will need to be at this facility for 2 very large events (all day for 2 days on 2 different weekends).  I want to know how to handle it with management to see if there is a way to keep this employee of the schedule for those events?  I want to handle this tactfully and without burning bridges.  It's already hard enough on my DD that we can't just drop in at this place for her to hang out for the day.  The girl with the dog has already offered to give me her phone number, so that we can discuss her shifts if we want to go on a certain day.

by on Jan. 15, 2018 at 5:36 PM
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Replies (1-10):
Anonymous
by Anonymous 1 on Jan. 15, 2018 at 5:40 PM
Allergies are covered under the ADA. A person can ask for reasonable accommodations such as the use of an air purifier, a scent free office or other as needed based on their needs.

coala
by Bronze Member on Jan. 15, 2018 at 5:42 PM

Somehow I hit enter before I got my actual question out.

Please take a look and see if you are able to help me out.

Thanks!!!!

Quoting Anonymous 1: Allergies are covered under the ADA. A person can ask for reasonable accommodations such as the use of an air purifier, a scent free office or other as needed based on their needs.


mmm2015
by Member on Jan. 15, 2018 at 5:45 PM
There is no trumping.

The facility has to make reasonable accommodations for both of you. If it came down to a pick and choose i would guess.. just guess they would pick the employee.

Anonymous
by Anonymous 1 on Jan. 15, 2018 at 5:47 PM
The employees use of her service dog trumps your child’s access to the facility.

Quoting coala:

Somehow I hit enter before I got my actual question out.

Please take a look and see if you are able to help me out.

Thanks!!!!

Quoting Anonymous 1: Allergies are covered under the ADA. A person can ask for reasonable accommodations such as the use of an air purifier, a scent free office or other as needed based on their needs.

Tracys2
by on Jan. 15, 2018 at 5:48 PM

Glad the woman with the dog seems accommodating!

It would be a tricky legal situation if your daughter and the woman were both attending as participants. Both would have absolute legal rights to their accommodation (the dog and lack of dog). Whose rights would win out, when boht are equal and incompatible?

Lucky she seems wonderful and that's not a problem. My husband is almost as allergic as your daughter, and my daughter has a friend with a medical alert dog that keeps her alive, so I have thought about this a lot.

coala
by Bronze Member on Jan. 15, 2018 at 5:50 PM

This is kind of what I was afraid of.  When it comes to regular access and camp I totally understand this.  However, my DD is an athlete and that is why we will be at the facility for these very large events, but the person with the dog is not an athlete.

I just wanted to see if there was a way to tactfully handle this with managment when they are working out the schedule for before the event.

Quoting Anonymous 1: The employees use of her service dog trumps your child’s access to the facility.
Quoting coala:

Somehow I hit enter before I got my actual question out.

Please take a look and see if you are able to help me out.

Thanks!!!!

Quoting Anonymous 1: Allergies are covered under the ADA. A person can ask for reasonable accommodations such as the use of an air purifier, a scent free office or other as needed based on their needs.



coala
by Bronze Member on Jan. 15, 2018 at 5:52 PM

She is actually a teenager.  She was super sweet and I only caught her in just a brief run by because she was so busy.  I just want to make sure my DD is safe while attending her events (one of them being her regionals event).  Her coach knows what we are up against.  He was disappointed that no one called me when the dog was in the building so that I could have picked her up.

Quoting Tracys2:

Glad the woman with the dog seems accommodating!

It would be a tricky legal situation if your daughter and the woman were both attending as participants. Both would have absolute legal rights to their accommodation (the dog and lack of dog). Whose rights would win out, when boht are equal and incompatible?

Lucky she seems wonderful and that's not a problem. My husband is almost as allergic as your daughter, and my daughter has a friend with a medical alert dog that keeps her alive, so I have thought about this a lot.


coala
by Bronze Member on Jan. 15, 2018 at 6:01 PM

legally they weren't even allowed to ask if the dog would be coming with her to work.  Which is sad knowing that they have a kid attending the facility with an anaphylactic reaction.  My DD doesn't even have to touch the dog, just be in the same room.  They thought seperating them would keep her safe and it does not.

Quoting mmm2015: There is no trumping. The facility has to make reasonable accommodations for both of you. If it came down to a pick and choose i would guess.. just guess they would pick the employee.


Anonymous
by Anonymous 2 on Jan. 16, 2018 at 11:47 PM
I think someone's employment is more important than a game.
Southern_Song
by Member on Jan. 17, 2018 at 7:28 AM
Her need for a service animal is not less important than your child's allergy. Both must be accommodated equally. To think one is less than the other is absurd. Your child should simply not enter the building the dog is in if that's the case. Also how do you handle daily life? Service dogs in stores? In school? Our school has a seeing eye dog. What about the park? I mean a dog essentially could be anywhere. Why not have her wear a mask or take a preventative medication which I know is made for dog and cat allergies as my daughter's friend takes it and now can be around our dog without touching the dog. I feel like you're one of the people who understand the importance of your child's allergy but cannot see anyone else's needs around you. Good luck with your kerfuffle.
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