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Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33167
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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My doctor has written a letter to my company stating that she

Resolved Question:

My doctor has written a letter to my company stating that she is treating me for a chronic medical disability and that I use a Service Dog to assist in managing this disability. That in her professional opinion the Service Dog is medically necessary. And I have verbally explained to the owner what service the dog provides. He had his lawyer draft a very broad term letter back to my doctor with a new work description for me (I am the Controller) and asked if it was still necessary. We have 4 cats in the office already. Does he have the right to ask more questions and change my job description after I informed him what I do makes no difference in the need for my Service Dog? Does he have any obligation to tell me why at this point with a doctors letter he is not willing to provide accommodations? We have 3 people working in this office, it is rare another person will stop by, and the owner usually shows up after 4:30pm if at all. Is my doctor required to answer his questions?
Submitted: 6 years ago.
Category: California Employment Law
Expert:  Tina replied 6 years ago.
Hello and welcome,

The employer would typically be acting within their rights in seeking clarification of the need for the service animal from your physician.

However, if such additional information would not change the need for the accommodation, which appears to be the case, it does not appear to be a request made in good faith, but perhaps to harass you or delay the matter.

The employer must act in good faith in either granting your requested accommodation or seeking clarification, but there is not normally an unlimited right to seek more information with regard to your disability.

It would be best to retain a local attorney to reprsent you and communicate with the employer and file a complaint with the EEOC or state fair employment and housing commission if the matter is not promptly resolved.

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