Dear Abby: Clerk Gets Lesson in Privacy From Owner of a Service Dog

[lilysea]

DEAR ABBY: Yesterday I was in a retail store with my service dog. The clerk asked me what kind of service dog she was and I replied, "She's my service dog." She kept pressing me as to exactly why I have one, so I asked her if she was inquiring about my disability. When she said, "Yes," I politely informed her that federal HIPAA laws protect my right to privacy. She then said -- loud enough for everyone in the store to hear -- "I don't know what the big deal is. I just want to know what the dog does for you."

Please let your readers know how to be around a person and their service animal:

1. You do not have the right to ask about the person's disability. To do so is rude. Most people prefer strangers not know their medical condition. The dog may be for PTSD, a hearing or seeing dog, or to alert the person to a medical emergency.

2. Children (and adults) need to understand that when service animals' jackets go on, the dogs know it's time to go to "work," and they take their job seriously. At that point, they are not pets and should not be treated as such. If a child rushes a service dog, the animal may react badly because it is there to protect its person.

3. You may ask to pet the dog, but don't assume it will be allowed. If given permission, the dog should be scratched under the chin only.

Service animals know their place. It's a shame that most people are not as polite. -- NONE OF YOUR BUSINESS

DEAR N.O.Y.B.: Thank you for sharing this information. According to the Americans With Disabilities Act website (ada.gov): "Businesses may ask if an animal is a service animal or ask what tasks the animal has been trained to perform, but cannot require special ID cards for the animal or ask about the person's disability."

Comments

[celli]

Businesses can ask what an animal does? Isn't that just a workaround for asking about your disability?

[redbird]

I think it contains less information. The law might mean that the letter writer would have to say something like "she's a guide dog" or "he alerts me to possible seizures," but that is the end of the conversation.

I think in this one, both parties were wrong. The clerk can ask "what service does the dog provide?" but she's not allowed to then say "are you really blind?" or "how often do you have seizures?" or pry into things like what if any medication a person is on. "Exactly why I have one" could mean the letter writer didn't want to say "he's a guide dog" (which they are allowed to ask) or that the clerk was prying on things like "but are you really blind?"

Also, I think the rules on what they're allowed to ask are based on the Americans with Disabilities act, not HIPPA, since a retail clerk isn't any sort of health or health insurance worker. This gets complicated because on the one hand, the ADA doesn't cover emotional support animals, but on the other, there is no licensing or required training for a service dog.

[malnpudl]

Exactly! That is deeply offensive. HIPAA is the law and medical privacy is sacred... unless your disability aids include a dog? And then your health info is public? NO. SO MUCH NO.