Legal Question in Disability Law in Massachusetts

I am employed at the University of Massachusetts at Amherst, MA as a Senior Mechanical Engineer. I am at my desk for 8 hours per day. The office area is set up with open cubicles. I have a severe allergy to dogs of all types. My allergist (a Massachusetts MD) wrote me a letter to give to my employer, which I did. The letter basically says that I should not be within the proximity of dogs. The issue is this: there is a dog in my office for 8 hours per day and it is being trained under the NEADS program ( www.neads.org ). The NEADS trainer has advised that under MA General Laws there is a law that refers to "Service Animal and Training Laws" such as G.L. c. 129, � 39F and G.L. c. 129 � 39D plus othe MGLs. My question is this: what rights do I have as a person with a severe alleregy to dogs if there is a dog present in my work place? Do the MA laws for Service Assistance Dogs have priority over my illness (severe allergic reactions to dogs)? The American Disabilities Act (ADA) looks at environmental illnesses (chemical sensitivities) and allergies on a case by case basis. The ADA, however, declines to state categorically that allergies or chemical sensitivities are disabilities, because the determination as to whether an impairment is a disability depends on whether, given the particular circumstances at issue, the impairment substantially limits one or more major life activities (or has a history of, or is regarded as having such an effect). I have been forced to leave work under �Sick Time� because I could not function properly with the dog in the abutting cubicle � this has limited a major life activity such as employment and earning a living which I also believe is a Civil Right, therefore as a layman, I consider my situation to fall under ADA. Also, my physician has stated in his letter that I should not be in proximity of dogs - does this prevent the "trainer" from walking the dog in the aisle past my office cubicle. I note that there is no one in our offices who requires a Service Assistance Dog - the only reason that the dog is here is for training purposes.

Thank you,

Ted Davis.

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