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Michigan District Court Finds Firefighter Failed to Establish Emotional Support Dog Necessary

Aaron Fisher worked as a firefighter in Lansing, Michigan. He had been diagnosed with Post Traumatic Stress Disorder (PTSD). To request accommodation from the city, Fisher learned he had to fill out a specific form and submit it to HR, along with a release of medical information and any necessary supporting documentation. In a conversation with his Battalion Chief, Fisher asked if he could bring his dog to work for “3 to 6 months” as an emotional support animal. The chief agreed to the request, and Fisher did not ask HR. He brought his dog to work for about four months. When HR learned about the dog from one of Fisher’s co-workers, the City issued an order prohibiting pets from coming to work, noting that service animals required prior approval. Fisher submitted a formal request using the approved form and a letter from his psychiatrist saying that Fisher needed the support animal during work hours. The city denied the request.

The city won its motion for summary judgment on Fisher’s claim for discrimination based on a failure to accommodate. Lansing made several arguments, one of which the court agreed with: Fisher could not show that he needed a service animal to perform the essential functions of his job. Under the law, Fisher had to demonstrate that his requested accommodation was reasonable and necessary. Fisher admittedly could perform all of his firefighting functions even without accommodation. The PTSD did not impact his ability to drive a fire truck or his duties while at a fire. His PTSD was triggered at the station between calls. Fisher said his ability to perform his duties “was just impacted, it wasn’t optimal.” The psychiatrist’s note did not state that Fisher could not perform his job without a support animal. In fact, Fisher received strong performance evaluations after the city denied his accommodation request and increased his overtime hours. Both of which suggested to the court that his accommodation was not necessary.