ST. LOUIS — A U.S. appeals court appears to have concerns about reviving an effort by a Union Pacific engineer to bring his service dog to work, Reuters reports.
Perry Hopman originally won the right to bring the dog to work to help prevent migraines and anxiety caused by his military service in a jury trial [see “UP engineer wins right …,” Trains News Wire, July 19, 2021]. But a federal judge in Little Rock, Ark., tossed out that verdict and dismissed the case last year.
Judges on an 8th U.S. Circuit Court of Appeals panel indicated they were concerned a ruling in favor of Hopman could lead to a flood of lawsuits claiming employers violate federal law by denying accommodations of symptoms of worker disabilities.
Hopman, a former combat flight medic, says he suffered a traumatic brain injury and post-traumatic stress disorder, and the dog, a trained service animal, helps prevent migraines and anxiety. Union Pacific has denied his request to bring the dog to work, saying it was potential safety hazard.
Remember Dirt the cat!!
Unfortunately, there are occupations that are best left untouched for a variety of medical conditions. Remenber the German airline pilot who crashed an airliner full of passengers into a mountainside in his suicide? He had previously been disagnosed as unfit. But, was able to “appeal” he way back into the cockpit.
What next, airplane cockpits too? Sorry, but his man’s not qualified to do the job.
Just so I get this right, Mr. Landey is looking for more government regulation.
I do agree that requiring UP to accommodate the service dog is a step too far. It places a bunch of additional burdens on UP in an operation that is not a simple office or comparable environment. I’ll assume Mr. Hopman has assured it won’t be a burden. That just isn’t true, because enviably something unanticipated happens that leads to injuries and hurt feels and it will be UP having to solve it.
I also tend to agree with Mr. Landey; His assessment seems to be correct. My feeling is that as many people do, they tend to confuse the term:”Service Dog” with the several other terms lIsted by the A.D.A. Primarily, Mr. Hopman’s conditions [ie: TR.B.D. & severe headaches ] would seem to require a THERAPY dog as opposed to the Service dog he is seeking to be admitted on his job as U.P. engineer. The Service(animal(?) Dog is there to provide his ‘person’ a potential SERVICE. The Therapy(animal(?) is strictly to provide a ‘comforting’ care for its ‘person’. Check the A.D.A. website for complete definitions of each class of ‘care’ that can be provided and needed …
PTSD is no joke. If Mr. Hopman’s condition is made more bearable with a service dog, UP should have looked the other way. Instead, it’s now in the hands of the courts and nobody will be happy with the outcome.
I agree. I will say that there could be a possible safety hazard with extra items and animals being brought along on a train. Especially if it’s not certified for that sorta thing.
Maybe UP should do the right thing and give Mr. Hopman a job he can do that will allow him to have his service dog and keep everyone else safe at the same time.
In my opinion, all service animals should be certified — the animal and the human. That includes people taking dogs onto trains, buses and airplanes and into restaurants. Certify the animal as trained and certify the person as needing the animal. No more emotional support hamsters.
If this engineer has a disability that’s very sad. Maybe he ought not be in the locomotive cab. Many many disabled people are unable to work as T&E (blind, poor vision, unable to walk, etc.). It’s unfortunate but that’s the way life shakes out.
Agreed, Mr. Landey.
Exactly Charles. A couple years back at the Wilmot Flea Market some guy had a German Shepherd (nothing against shepherds) with “service dog” coat on it. Heard the guy telling a vendor he bought the coat on-line so he didn’t have to leave the dog at home. Little later that dog actually snapped at somebody just standing at a booth, they escorted him out while he bitched he had rights.
That is now the FAA requirement for flying…at least as far as the animal goes, and the restriction is that only service DOGS are allowed, no other animals. Other animals, namely monkeys, have been support animals for just as long as dogs have been, and they are also trained and certified as such. People can not get a certified service animal unless a Doctor says they need it, FYI.
As for this engineer…something is fishy with his story, the PTSD I might get, but the anxiety? He’s running a locomotive and train, having an animal in the cab, even a service dog is a safety hazard, the jury was wrong and Judge and court are correct in their assessment.