Company Refused to Allow Service Dog as Reasonable Accommodation, Federal Agency Charges
ST. LOUIS – Hobby Lobby Stores, Inc., a national arts-and-crafts retailer, violated federal law when it refused to reasonably accommodate a cashier at its Olathe, Kansas store by allowing her to use a service dog and then fired her because of her disabilities, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today.
According to the suit, the employee advised her manager that she needed to bring her fully trained service dog to work to assist her with symptoms caused by PTSD, anxiety and depression. The company’s human resources representative met with the employee to discuss her request but concluded the dog would present a safety concern because a coworker or customer might be allergic to or trip over the dog, or the dog might break something. Even though Hobby Lobby allows customers to bring service dogs and other dogs to the Olathe store, managers were unwilling to allow the employee’s service dog in the store to see whether there was an actual safety concern. Hobby Lobby ultimately terminated the employee when she could not work without her service dog.
Such alleged conduct violates the Americans with Disabilities Act (ADA), which prohibits discrimination based on disability. The EEOC filed suit (EEOC v. Hobby Lobby Stores, Inc., Civil Action No. 2:22-cv-02258) in U.S. District Court for the District of Kansas after first attempting to reach a pre-litigation settlement via its conciliation process. The EEOC seeks back pay, compensatory and punitive damages and reinstatement for the employee, as well as injunctive relief to prevent future discrimination.
“Millions of Americans are successful, productive workers despite having mental health conditions that can be debilitating,” said Andrea G. Baran, regional attorney for the EEOC’s St. Louis District office. “The ADA ensures equal employment opportunity for these individuals, including those who are assisted by service animals.”
David Davis, acting director of the EEOC’s St Louis District Office, added, “Service animals assist people with many types of disabilities – from vision and mobility impairments to seizure disorders and mental health conditions – to live and work independently. Employers must not reject service animals, or any other reasonable accommodation, based on stereotypes or assumptions regarding the safety or effectiveness of the accommodation.”
Recommended by LinkedIn
According to the company’s website, Hobby Lobby is the world’s largest privately-owned arts-and-crafts retailer, with over 43,000 employees working in over 900 stores in forty-seven states.
For more information on disability discrimination, please visit https://www.eeoc.gov/disability-discrimination.
The EEOC’s St. Louis District office oversees Missouri, Kansas, Nebraska, Oklahoma and a portion of southern Illinois.
The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.
Stay connected with Train Me Today by subscribing to our email updates at www.trainmetoday.com.
Human Resources Professional
1yWow, we had a situation in a previous company I worked for, where an employee wanted to bring their dog, and another employee complained they had allergies. We accommodated both by moving the employee with the service dog away to a different area from the employee that had the allergies. Everyone was happy, including the service dog! A shout out to Train me Today, passed my PHRca utilizing them and we learned the importance of reasonable accommodation.
Results-Driven Growth Strategist | Expert in Digital Marketing & Revenue Expansion
2yThe dog is the bridge between either a life-or-death situation. Hopefully, no other companies prohibit them.
Talent & Organization Strategy | Digital Communication | HR & OD Project Support
2yGreat example of where phoning a friend might have been a benefit to the HR rep.
Human Resources
2yInteresting article to pass along
Enthusiastic, highly qualified Human Resources Professional experienced in Employee Relations, California Employment Law, and HR best practices
2yThanks for the article, Jacquelyn!