Legal Question in Disability Law in Massachusetts

Asthma/Dogs in workplace

I've been trying to find employment in residential care settings and have had to walk out of interviews two times already because there were large dogs and/or cats in the facility (these were not service animals). I have severe allergies and asthma and would never be able to work this places due to the dander, etc. What can I do? I am so frustrated. Do I have any legal rights here under the ADA?


Asked on 5/24/07, 7:58 pm

2 Answers from Attorneys

Regina Mullen Legal Data Services, PLC

Re: Asthma/Dogs in workplace

I doubt that you have the right to force an employer to get rid of animals in the workplace because you have allergies.

On the other hand, if the animals are brought in after you are hired, you still have to worry about the animals BECOMING service animals, in which case your allergies would run smack up against someone else's equally legitimate needs, so...your best bet is to find somewhere that has a no animal policy.

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Answered on 5/24/07, 8:04 pm
Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

Re: Asthma/Dogs in workplace

The animals are probably there for the enjoyment of the elderly residents and to keep them company during otherwise lonely days. Surely you knew when you decided to get into this line of work that animals in nursing homes is commonplace and almost expected. You also knew you had alergies to animals. Why should someone else be liable and forced to pay you money for your own questionable decisions? They are not.

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Answered on 5/24/07, 11:17 pm


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