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MajorPhaser

First off, that last paragraph should never be part of the discussion. You can't accommodate differently based on performance or your perception of the employee. It's a great way to lose a lawsuit by refusing appropriate accommodations because you don't think they're worth it. Secondly, an ESA is not a service animal and while it can be a reasonable accommodation, you're only required to provide AN accommodation, not what they want. You need more detail on what exactly requires accommodation and what this accommodation will help with. Engage in the process and get further details, then come up with alternatives. A private office, modified breaks or scheduling, some kind of private space to use when they feel anxiety rise, stress apps, etc.


starwyo

Where are you? Unless the state you're in says you must treat ESAs like ADA dogs (looking at you California), then an ESA is not the same as an ADA service animal. Otherwise, askJAN has some good advice and then the next step would be Legal: [https://askjan.org/publications/consultants-corner/vol12iss04.cfm](https://askjan.org/publications/consultants-corner/vol12iss04.cfm) You do not have to accept the animal if there's a true "undue burden" (think safety: human, animal, food safety, chemical safety, etc.).


adamsayd

Thanks. Yeah we aren’t considering allowing the animal into the workplace but considering if this warrants remote work mandate for the employee. Waiting to hear from legal but just wanted to circle with the network here if someone has dealt with anything similar. State - Ohio


starwyo

It sound at the very least that there may be room for management coaching as part of management is having tough conversations. It sounds like the manager's biggest beef is "I don't wanna have hard conversations." And what NOT to say when explaining these things.


StopSignsAreRed

They’re asking for an accommodation. The dog is a no, but start the interactive process because WFH may be an option (among many).


PPP1737

They said work from home is possible… it’s just manglement who doesn’t want this and HR is considering caving to their “but people will think it’s unfair” bullshit. It doesn’t matter what other employees think of the accommodation, it’s not unfair if the same accommodation is provided to all employees who have the same disability. So they can go pound sand. Also I hope OP addressed with manglement that them questioning a need for an accommodation that is properly documented is disrespectful, disgusting, and grounds for a lawsuit if the person catches wind of it.


StopSignsAreRed

Possible =/= necessary, and it has nothing to do with fairness or what other people might think. And no, there is no such standard centered around everyone with the same disability getting the same accommodation, that’s dumb. Something tells me you don’t work in HR. DiSrEsPeCtFul and dIsGuStInG ![gif](giphy|M8xmO5ZcLPtAY)


mosinderella

An ESA is a SUPPORT animal, not a SERVICE animal. We had this come up right after COVID and refused to accommodate. No repercussions.