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View Full Version : As a business owner or employer, just what the hell is supposed to be done here?




Anti Federalist
04-28-2012, 03:38 PM
When regulations attack.

And I am aware of any possible inconsistencies, WRT to my stances on employer mandated drug tests and other such things.

And WTF?

Paprika?

For all those who support banning smoking in homes and apartments, should this woman have the right to remove paprika from my kitchen cabinets?


“Ex-Worker Sues City Over Service Dog For Paprika Allergy”

by Walter Olson on April 19, 2012

http://overlawyered.com/2012/04/ex-worker-sues-city-over-service-dog-for-paprika-allergy/

“A former city worker is suing Indianapolis after she claims the city failed to accommodate the service dog she needs due to her severe allergy to paprika.” The city had already removed certain foods from its vending machines but declined to accept a service dog as reasonable accommodation under the Americans with Disabilities Act (ADA) because a co-worker was allergic to dogs.

LibForestPaul
04-28-2012, 03:46 PM
youhad to make me go look, didn't you. i thought, nah, what...this has got to be joke

http://angelservicedogs.com/

LibForestPaul
04-28-2012, 03:48 PM
Well its civil service, so tax payout for all.

Now if this was private employer, Vaseline and thank you sir may i have another would likely be in order.

Pericles
04-28-2012, 09:06 PM
Since our company never has any job openings, we don't have employment law and regulation issues.

thoughtomator
04-28-2012, 09:22 PM
The situation is onerous enough that unless your business is very highly profitable, or you're getting a special deal from the government that lightens the economic load of regulations & taxes, there is little incentive to hire anyone. With so few businesses hiring for so few positions, fewer payroll taxes are being paid, worsening the financial position of programs like SS and Medicare, neither of which was in good shape to begin with. This makes the Keynesian morons demand higher taxes and more printed money, making businesses want to hire even less (or go out of business), lessening tax revenue, etc. in a vicious cycle that can destroy the whole economy.

Danke
04-28-2012, 09:23 PM
I laugh at all the "comfort" animals now allowed (outside of kennels) in the cabin of the commercial airline aircraft.

I'm kinda allergic to cats and dogs, what about me, wah!

PaulConventionWV
04-28-2012, 09:48 PM
When regulations attack.

And I am aware of any possible inconsistencies, WRT to my stances on employer mandated drug tests and other such things.

And WTF?

Paprika?

For all those who support banning smoking in homes and apartments, should this woman have the right to remove paprika from my kitchen cabinets?


“Ex-Worker Sues City Over Service Dog For Paprika Allergy”

by Walter Olson on April 19, 2012

http://overlawyered.com/2012/04/ex-worker-sues-city-over-service-dog-for-paprika-allergy/

“A former city worker is suing Indianapolis after she claims the city failed to accommodate the service dog she needs due to her severe allergy to paprika.” The city had already removed certain foods from its vending machines but declined to accept a service dog as reasonable accommodation under the Americans with Disabilities Act (ADA) because a co-worker was allergic to dogs.

What is this about? The most I can make out is that she is suing the city because she worked there and paprika caused her to have an allergic reaction, and somehow a dog is involved. I really don't get what this story is about. Can someone clarify it for me?

Anti Federalist
04-28-2012, 10:01 PM
What is this about? The most I can make out is that she is suing the city because she worked there and paprika caused her to have an allergic reaction, and somehow a dog is involved. I really don't get what this story is about. Can someone clarify it for me?

I read a little more, here's a thumbnail:

Woman has paprika allergy.

Woman needs service dog to, I'm assuming, sniff out paprika, before it gets close enough to her that she turns into Violet Beauregarde or some damn thing.

Woman is denied permission to bring service dog to work, because another worker is allergic to dogs, thus opening up another can of regulatory worms.

Woman with paprika allergy sues.

Woman is city worker so taxpayers will end up paying.

Employer is faced with a regulatory Catch22.

Do I get sued by the paprika allergy woman or the dog allergy woman?

aGameOfThrones
04-28-2012, 11:01 PM
http://image.shutterstock.com/display_pic_with_logo/87573/87573,1328311120,37/stock-photo-man-with-protection-suit-and-gas-mask-is-holding-paprika-94281793.jpg

Sentient Void
04-29-2012, 12:24 AM
regulations like.... fair trade policies???

;)

libertyjam
04-29-2012, 12:37 AM
I read a little more, here's a thumbnail:

Woman has paprika allergy.

Woman needs service dog to, I'm assuming, sniff out paprika, before it gets close enough to her that she turns into Violet Beauregarde or some damn thing.

Woman is denied permission to bring service dog to work, because another worker is allergic to dogs, thus opening up another can of regulatory worms.

Woman with paprika allergy sues.

Woman is city worker so taxpayers will end up paying.

Employer is faced with a regulatory Catch22.

Do I get sued by the paprika allergy woman or the dog allergy woman?

Tell her to get an effing epinephrine pen and then to Fuck Off.

Warrior_of_Freedom
04-29-2012, 12:43 AM
I don't get this at all

azxd
04-29-2012, 01:01 AM
I don't get this at allJust another story that won't make national news.

Paul Or Nothing II
04-29-2012, 04:00 AM
This is BS! If you want to work then work or get out!

There's always a bargaining-process unfolding in the market, if someone wants to work then they should choose that if not then someone else will do it, UNLESS their labor is worth making accommodations for but again, these things are better sorted on the private market, that's why this stuff be funded voluntarily than through taxes


regulations like.... fair trade policies???

;)

You know, that's the problem, most people don't have a problem with "regulations" & violating others' liberties so long as they THINK they're going to get a (real or perceived) benefit out of it but only when a "regulation" impinges on their liberties do they care but don't mind them violating others' liberties anyway :(

People often talk about tyrannical governments but as Ron Paul said, people get the kind of government they deserve & that's true, when you have many self-centered people who don't mind violating others' liberties for (real or perceived) benefit then tyranny is inevitable

And unfortunately plenty of such hypocrisy goes around on these forums, they'll moan about the regulations hurting our liberties but they'll support regulations that they THINK will benefit them :(

LibForestPaul
04-29-2012, 12:14 PM
I don't get this at all
Did you check the link I posted...click it, it is very interesting...

Titus
04-29-2012, 12:40 PM
Under the ADA, an employer is required to make "reasonable" accommodation. "Reasonable" is one of those mushy words that has no real legal meaning separate of the circumstances. However, it cannot be said that a "reasonable" accommodation is one that endangers the health of another employee who already works there. At the same time, if the service had regular relationships with blind people who needed service dogs, firing the woman who was allergic to dogs would also be "reasonable".

Either way, the employer should win the lawsuit and I wouldn't touch it knowing just the facts posted here.

ETA: As for the political argument going on, I'm only in favor of regulations that ensure all people are treated equally at businesses if they can pay/perform the work. However, I am a left leaning Republican right now so I know many might be reasonable in disagreeing with me in that regard.

pauljmccain
04-29-2012, 12:42 PM
As a business owner, my policy is... keep everyone happy. And get insurance. Lots of it.

angelatc
04-29-2012, 01:24 PM
“A former city worker is suing Indianapolis after she claims the city failed to accommodate the service dog she needs due to her severe allergy to paprika.” The city had already removed certain foods from its vending machines but declined to accept a service dog as reasonable accommodation under the Americans with Disabilities Act (ADA) because a co-worker was allergic to dogs.

I love this so much my heart wants to explode.

angelatc
04-29-2012, 01:27 PM
I laugh at all the "comfort" animals now allowed (outside of kennels) in the cabin of the commercial airline aircraft.

I'm kinda allergic to cats and dogs, what about me, wah!

Flame away, but I'm of the mindset that people with allergies need to stay home, as their mere existence is an excessive burden on society.

Isaac Bickerstaff
04-29-2012, 01:34 PM
Hookworms or raw milk will clear those allergies right up. No one should have to make special, permanent concessions for a reversible malady.

Origanalist
04-29-2012, 01:41 PM
As a business owner, my policy is... keep everyone happy. And get insurance. Lots of it.

Good luck with the former, and agree on the latter. Some of us can't afford excess insurance though.

HigherVision
04-29-2012, 07:06 PM
Flame away, but I'm of the mindset that people with allergies need to stay home, as their mere existence is an excessive burden on society.

They need to stop being wimps. Or else it's the vaccines fucking people up badly, one or the other.

Icymudpuppy
04-29-2012, 08:12 PM
If they were both my employees, I would ask them which of you will sue me if I accomodate the other?

Any who say yes will be layed off.

azxd
04-29-2012, 09:01 PM
Flame away, but I'm of the mindset that people with allergies need to stay home, as their mere existence is an excessive burden on society.Eugenitisist's would agree with this mentality :p


http://www.youtube.com/watch?v=L9LBsmM6VFY

heavenlyboy34
04-29-2012, 09:12 PM
Flame away, but I'm of the mindset that people with allergies need to stay home, as their mere existence is an excessive burden on society.
Most people are allergic to something or another. I'm particularly allergic to grasses and dust. People with allergies aren't really a "burden on society" unless they make themselves such by making absurd demands. It could easily be argued that women are more of a "burden to society" than allergy sufferers. ;)

ETA: http://www.webmd.com/allergies/allergy-statistics


Number of people in the U.S. who have either allergy or asthma symptoms: one in five.
Percentage of the U.S. population that tests positive to one or more allergens: 55%. I don't think it's practical to make that many people stay home, do you?

oyarde
04-30-2012, 11:26 AM
Call the cops , they can shoot the dog , confiscate all paprika , problem solved .

Pericles
04-30-2012, 02:29 PM
Call the cops , they can shoot the dog , confiscate all paprika , problem solved .

The problen just needed an innovative solution +rep

Acala
04-30-2012, 02:36 PM
The ADA is the WORST of the Federal "Civil Rights" laws. It is extremely broad and very expensive to implement. Thanks George Bush Senior.

Acala
04-30-2012, 02:42 PM
ETA: As for the political argument going on, I'm only in favor of regulations that ensure all people are treated equally at businesses if they can pay/perform the work. However, I am a left leaning Republican right now so I know many might be reasonable in disagreeing with me in that regard.

You think GOVERNMENT should be empowered to determine how every employee and every customer in the entire marketplace is treated by every other person in the marketplace and use force to correct what the government deems to be unfair treatment in each instance? Do you really think that is a workable plan?

Or let's take it from another angle. Do you think government should be able to force you to associate with people you don't like? Do you think government should be able to prevent you, by force, from quitting a job?

Xhin
05-01-2012, 09:26 AM
I'm only in favor of regulations that ensure all people are treated equally at businesses if they can pay/perform

Good job enforcing that without causing massive issues *cough*affirmativeaction*cough*.


You think GOVERNMENT should be empowered to determine how every employee and every customer in the entire marketplace is treated by every other person in the marketplace and use force to correct what the government deems to be unfair treatment in each instance? Do you really think that is a workable plan?

+rep


Do you think government should be able to force you to associate with people you don't like? Do you think government should be able to prevent you, by force, from quitting a job?

Hahaha, yeah, I make that argument with people all the time. Government regulation theories all fall apart when you think of employers as employees and providers as customers. Which they are, since all associations or transactions are voluntary.

Captain Shays
05-01-2012, 04:05 PM
I read a little more, here's a thumbnail:

Woman has paprika allergy.

Woman needs service dog to, I'm assuming, sniff out paprika, before it gets close enough to her that she turns into Violet Beauregarde or some damn thing.

Woman is denied permission to bring service dog to work, because another worker is allergic to dogs, thus opening up another can of regulatory worms.

Woman with paprika allergy sues.

Woman is city worker so taxpayers will end up paying.

Employer is faced with a regulatory Catch22.

Do I get sued by the paprika allergy woman or the dog allergy woman?
You do the only thing you can do. Shut the doors to your business and fire everybody. Next month start up in another section of town under a different name. You can use this method in the event your employees try to make your business a union shop