Every week, we bring you the latest emotional support animal news report. Today, we’re going to be looking at a wrongful termination suit in New Jersey. A construction worker was fired because of his emotional support dog. Can that happen? Grab your cup of coffee and get caught up with us.
Company Fires Emotional Support Dog Owner
A construction project overseer is filing a lawsuit against his former employer, Dobco Inc., for workplace discrimination. Frank Orlando, of Hamburg, New Jersey, had requested that his support dog be allowed on the construction sites. According to the suit, Dobco Inc. fired him to avoid dealing with the request.
Orlando has an emotional support animal letter in his name. His therapist issued it after diagnosing him with bipolar disorder and other unspecified mental health issues. Frank Orlando’s emotional support dog helps him cope with his mental issues.
When the construction supervisor asked his employer to allow his ESA at his workplace, he saw his requests denied. According to the lawsuit, there were no reasonable accommodation efforts done for Orlando, despite his disability.
A few months later, in January 2020, Frank Orlando got the news that he was fired. He had been overseeing a $40-million project for the Ramapo College Library. This led him to take his case to court.
Orlando is seeking a jury trial to award him lost wages, plus damages for pain and suffering. His suit is based on the argument that Dobco Inc. violated the New Jersey Law Against Discrimination, which extends its protection to people with disabilities. When contacted by local media outlets, none of the parties were willing to comment on the case.
Emotional support animals are covered by two federal laws, but not by the Americans with Disabilities Act. The ADA only protects owners of service animals, trained dogs and miniature horses who perform specific tasks for their handlers. Thus, there aren’t explicit regulations to allow emotional support animals in the workplace. However, New Jersey’s emotional support animal laws can be somewhat unclear, as seems to be the case in this instance.
The lawsuit was filed on July 3rd, 2020. There are no updates as of yet.
Source: https://eu.northjersey.com/story/news/passaic/wayne/2020/07/10/wayne-nj-company-fired-man-over-support-dog-request-lawsuit-says/5392796002/
CertaPet’s Thoughts on This Week’s News
We are saddened to see a company let go of an employee over an accommodation request. We whole-heartedly believe in the healing power of ESAs—and we’re not alone! Therapists recognize the value of emotional support animals in coping with mental illness.
Unfortunately, there aren’t any laws stating an employer must welcome an ESA in the workplace. Service dogs are protected by the ADA, but ESAs are left out. It will be intriguing to see the ruling on this case, as it could clarify local laws and potentially open the door to new ESA regulations.
If you’re thinking of getting an emotional support animal, we can help. Start by taking our 5-minute pre-screening test for free. We’ll connect you with a licensed mental health professional for a virtual appointment. If you qualify, they’ll issue your ESA letter in no time!