An Army veteran wounded by an improvised explosive device in Iraq is suing the federal agency she worked for after she was harassed over her use of a service dog, according to a lawsuit filed in the Eastern District of North Carolina on Feb. 20.
Seantoya Hinton, whose feet were both fractured by an IED her vehicle drove over in 2003, was medically retired from the Army in 2010. Seven years later, her doctor recommended she use a service dog to assist her with balance, walking and the effects of post-traumatic stress disorder.
After roughly a year without issue at her job with the U.S. Department of Agriculture, the lawsuit alleges, Hinton’s boss began to harass her over her need for accommodations, which included requests to work remotely more.
She was forced to put a baby gate around her workspace to lock her dog in and forced to maintain leash control over the animal, despite it being trained to remain in place unless otherwise commanded, according to court filings. Other office employees were also enlisted to spy on Hinton and report to her boss any time the baby gate was open so that he could come by her workstation and close it, the lawsuit stated.
After a series of complaints and appeals, her boss recommended she be removed from her position and placed her on administrative leave. Hinton is now seeking a new position with equal responsibilities, pay and lost salary compensation.
Her boss said in letters, however, that Hinton lacked candor and failed to follow a service dog agreement she had signed, according to court filings.
RJ the service dog
Beginning in 2017, Hinton started to bring her service dog, named RJ, to her job as an office manager for the USDA in Raleigh. She was permitted to bring RJ to work every day as a reasonable accommodation for her injuries, with the dog sitting by Hinton’s desk as she worked and walking alongside her when she moved around the office.
However, restrictions were eventually put in place. After returning from a temporary duty assignment to Austin, Texas, Hinton was asked to sign a new “Canine Service Agreement” by her first-line supervisor, Joseph Beckwith, the North Carolina State Plant Health Director.
Beckwith declined to comment and put Army Times in touch with USDA’s public affairs office.
“Since this involves active, ongoing litigation, I cannot offer comments on behalf of USDA,” said department spokeswoman Suzanne Bond.
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The agreement required that RJ always be kept on a leash while in the office and crated or otherwise restrained if not under Hinton’s direct control. And if there were more than three violations of the agreement, RJ would no longer be able to accompany Hinton to the office.
“Mr. Beckwith stated that if Ms. Hinton did not sign the Agreement, RJ could not come to work with her the following day,” the lawsuit reads. “Ms. Hinton was surprised by the Agreement because her use of RJ had never been subjected to stipulations in the past. Feeling as if she had no choice, Ms. Hinton signed the Agreement.”
Hinton said the requirements weren’t feasible. Her combat injuries required her to undergo multiple surgeries, including bilateral feet reconstruction and ligament lengthening. The metal plates and screws in both of her feet caused imbalance and mobility issues that made maintaining constant leash control difficult, according to the lawsuit.
“For example, while using the copier, Ms. Hinton must use both hands, making it impossible to keep RJ’s leash in her hand at all times," the court filings read. "If RJ was restrained inside Ms. Hinton’s workstation, if she were to fall, RJ would not be able to get to her.”
The EEO complaint
In February 2019, Hinton’s cubicle was expanded to accommodate her mobility issues, but Beckwith mandated that a baby gate be installed to encircle her workstation.
“Mr. Beckwith would come by her workstation every day, multiple times a day and would slam the gate closed without warning,” the lawsuit reads. “Mr. Beckwith said the gate must be closed because Ms. Hinton was working on the computer and did not have RJ’s leash in her hand."
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Hinton alleged that the baby gate presented more hazards for her, and was unnecessary because whenever RJ was in her workstation, he sat on his dog bed. RJ was trained not to leave her workstation or otherwise roam the office, according to the lawsuit. The repeated gate slamming also triggered Hinton’s PTSD symptoms, the document said.
Hinton ultimately complained to the Equal Employment Office about her treatment. Roughly nine days after he learned of the complaint, Beckwith sent Hinton several letters informing her that he had proposed she be removed from her position and put on leave.
Beckwith also determined that Hinton was a risk to herself or others after she told her EEO counselor that she called the Wounded Warrior Suicide Hotline to discuss her frustrations, according to the lawsuit. Hinton maintained she was not suicidal and only wanted to speak with someone about her work issues.
After months of complaints and appeals, Hinton received a January letter from Beckwith that gave her two options: resign from her position or return to work with a letter from her doctor indicating that she is able to perform her job functions without being a danger to herself or others.
Hinton responded through her attorneys this month, stating that she wanted to return to work, but only with the accommodations she requires.
Hinton’s lawsuit alleges that the USDA is violating the Rehabilitation Act of 1973 by failing to provide her reasonable accommodations, retaliating against her and creating a hostile work environment.
Kyle Rempfer was an editor and reporter who has covered combat operations, criminal cases, foreign military assistance and training accidents. Before entering journalism, Kyle served in U.S. Air Force Special Tactics and deployed in 2014 to Paktika Province, Afghanistan, and Baghdad, Iraq.
