Transcript Animals on Campus

Animals in the Workplace
C. W. Von Bergen & Martin S. Bressler
Southeastern Oklahoma State University
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 (?)
Americans Have Rights, Right?
“They all go about with their constitution
in their pockets demanding their rights.”
—Manuel de Mier y Terán
Mexican General, 1828
A Paradigmatic Shift in Attitudes and
Behavior Toward Animals
Many Couples Signing ‘Pup Nups’
To Prevent Future Legal Battles
By Kathryn Hauser, WBZ-TV, Boston, November 24, 2014
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 included
A Nation of Scammers, Connivers,
Cheats, and Law Benders?
A Nation of Scammers, Connivers
Cheats, and Law Benders?
• Underage drinkers who flash fake I.D.s
• Able-bodied adults who drive cars with handicapped
license plates
• Parents who use a phony address so that their child
can attend a more desirable public school or play
sports for a certain school
• Customers 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
• Pet owners who want to take
their animals everywhere
Animals in Various Entities
•
•
•
•
Towns and Communities
Colleges and Universities
Airlines
Housing
– Apartments
– Dorm rooms
– Condominium and Home Owner Associations
• Workplaces
Pal Joey (Irwin): Oklahoma Woman,
Kangaroo Pet Find New Home 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-article1.1442863
Christie and Irwin
Woman Kicked Off Flight After Pet
Pot-Bellied Pig ESA Stinks Up Plane
ESAs in "No Pet" Housing
• University housing
– Apartments
– Dorm rooms
• Apartment residences
• Condominium and HOAs
A Muddled and Uncoordinated
Taxonomy of Animals
•
•
•
•
•
•
•
•
•
•
•
•
companion animals
comfort animals
emotional assistance animals
visitation animals
therapy animals
support animal
social/therapy animals
assistive animals
public service animals
assistance animals
psychiatric service animals
seeing-eye dog, guide dog, hearing dog, mobility assistance dog, seizurealert dog, …… yada, yada, yada
• pets
• service animals
• emotional support animals (ESAs)
Bringing Animals to Entities
with “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
Service Animal
Pets
Emotional Support Animals (ESAs)
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.
Animal Accommodation Spectrum
Pets---------------------ESAs-------------------Service
Animals
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.
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
candidates
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 disability
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 activities
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.
ESA Paraphernalia Online
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 disability
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
accommodation
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
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 humananimal 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)
Animal Accommodations
Physical Disability
Mental 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.
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.
You Could Register a Beanie Baby, as
Long as You Send Money