In a recent development, the U.S. Supreme Court declined to review the case of a Union Pacific Railroad Co. engineer, seeking to bring his service dog to work to alleviate symptoms of his post-traumatic stress disorder (PTSD). The engineer could effectively perform his job’s necessary functions without requiring the accommodation of having his service dog at work.
The refusal persisted even after a U.S. Court of Appeals for the Eighth Circuit found that Perry Hopman’s request is not considered a privilege or benefit of employment under the Americans with Disabilities Act. This belief was upheld by the appeals court in May 2023, affirming an Arkansas district judge’s decision. The judge had vacated a previous $250,000 jury verdict and award.
Details from the case emerged from the appellate court’s published opinion, in which the panel majority ruled that the railroad company had not violated the American later with Disabilities Act. The panel found that the company had not given the engineer fewer advantages or opportunities by denying his request to bring his service dog to work. Any alleged adverse impact of the denial on the engineer did not rise to a level that would render him unable to perform duties or disrupt his work.
In light of the Supreme Court’s refusal to review the case, it seems the decision of the lower courts will stand. This ruling is significant as it may set a precedent for future cases regarding the interpretation and application of the Americans with Disabilities Act in similar scenarios concerning service animals in the workplace.
For more elaborate information on the case and its potential implications, please review the original article on Bloomberg Law.