Service animals are considered a “reasonable accommodation” under Title I of the ADA. Unlike Title II and Title III of the ADA, there are no specific requirements regarding service animals in the ADA employment guidelines. Because of this, there are no legal protections that allow people with disabilities to bring service animals to their workplace in the same way that they can bring their service animals to public places such as restaurants or movie theatres.
However, people with disabilities do have the right to ask to use a service animal as a reasonable accommodation in the workplace. It is then the employer’s responsibility to determine if the accommodation request is reasonable depending upon the type of job and employment setting. The decision should be made on a case-by-case basis, just like any other type of reasonable accommodation request.
Note: Because there are no specific regulations regarding service animals in the employment provisions of the ADA, there are no regulations limiting the use of service animals to dogs or excluding emotional support animals in the workplace. Employees may request animals other than dogs to assist them or animals that provide emotional support rather than perform a task.
As with any other type of reasonable accommodation request, the animal should be necessary to help the employee perform essential functions of the job or functions necessary for working, such as getting to and from work and/or mobility throughout the workplace. The animal may also be needed to alleviate anxiety or other mental health-related conditions.
Criteria to Determine “Reasonable”
Employers should decide whether to grant or deny a request to use a service animal on a case by case basis. Criteria may include:
- Is the employee a qualified individual with a disability under the ADA?
- Does the animal perform a task, assistance, or emotional support that is directly related to the employee’s disability and ability to perform the essential functions of the job?
- Would the presence of the animal change the fundamental nature of the business/workplace?
- Does the animal pose a safety hazard or a direct threat to others?
Note: Denial should not be based on past experiences with service animals, speculation, or the possibility of a problem. A trial period is often a recommended option to decide if anticipated problems are actually legitimate.
Documentation
Employers may request documentation to show why the service animal is needed and what it does for the employee. For example, a person who has an anxiety disorder may be required to provide medical documentation that an emotional support animal is recommended to relieve anxiety. When it is obvious how an employee will use a service animal (such as a blind individual requesting to use a guide dog), there is no need to require documentation of how the animal will assist the employee.
Employers may also request documentation that the animal is trained to perform a task related to the employee’s disability and/or is trained to behave appropriately in a busy work setting. This documentation may come from the provider who trained the animal. If the employee trained the service animal, the employee can be asked to explain in greater detail what the service animal does and how it behaves.
Care of the Service/Assistance Animal
The employee is responsible for their animal’s care and feeding while at work. It is highly recommended that the employee and employer work out the specific details of the reasonable accommodation, such as where the animal will stay while at the workplace, where supplies, food and water will be kept, and appropriate places for the animal to relieve itself.