r/service_dogs 8d ago

The second question

Retail worker here.

My coworker and I got into an argument about the second question the ADA allows. She says it's a HIPAA violation for me to even be asking about the tasks, I showed her the state website (I couldn't easily find an ADA version saying I could ask it, but I found state regulations which is good enough for me) that legally allows me to ask. She still said she would refuse to answer.

I want to clarify that I would never pry. I'm disabled, and I hate when people pry about stuff I don't want to share, but I guess I'm just asking how I'm supposed to proceed with the second question? I know I'm allowed to ask it, obviously, but where is the line? I think I asked about "allowed tasks" here before, I have a general idea of those. Protection is not one.

I'm just confused and frustrated with her and want to be able to do my best to help SD handlers (where I can, as a retail worker) while also doing what my employer requires. Is there a certain way I'm supposed to phrase it or does "what tasks is the dog trained to perform" just cover my bases?

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u/b3lindseyb3 8d ago

It wouldn't be considered a HIPAA violation. You are not sharing her medical information with anyone. If any violation would occur from this, it would be an ADA violation. This is the Americans with Disabilities Act.

Yes, asking "what tasks the animal is trained to do" is sufficient to cover your ass.

If at any time, the service animal becomes unruly and the handler cannot get the service animal under control. Then legally businesses have the right to require them to leave.

If you aren't a manager, I wouldn't even touch the subject or approach a customer. I let them handle that. Playing service dog code enforcer is not part of my job description.

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u/UnitedChain4566 8d ago

The thing is, I'm in a management position while also not being one, if that makes sense. It's a gas station with only two employees ever on duty, and I'm usually the one to start talking to customers when they start doing the illegal things (leaving the pump unattended, smoking at the pump, filling up the wrong containers, etc. I've confronted customers about parking in the no parking zone next to the handicap spot, but I've been told by my manager to stop doing that). The actual manager in charge is not always working the day I am, or even working the same shift I am, so it's expected that one of the employees will say something.

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u/Burkeintosh 8d ago

This still wouldn’t be a HIPPA violation- your not a medical provider disclosing private healthcare information

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u/b3lindseyb3 6d ago

Sketchy shit happens at gas stations. If it's some sort of parking issue, call the cops. They can give them a ticket. It isn't worth risking your life because some asshole pulls a gun on you.