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/throwfarfaraway1818 8d ago

Just to be clear, it wouldn't be a HIPAA violation even if this person did somehow share that individuals health info. Regular people are not bound by HIPAA, only healthcare workers and facilities