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.

Scenarios

Scenario 1: Thomas works as a customer service representative. He does most of his work on the phone and meets with some customers in his office. Thomas is also blind and uses a guide dog to get to and from work. Thomas requested that his dog continues to stay at the office shortly after he accepted the position. The employer granted his request to keep the dog at work. Thomas keeps the dog in his office along with food and water uses his lunch hour to take the dog for a walk.

Scenario 2: Kathleen is a college instructor. She recently requested to use a seizure alert dog at work and provided medical documentation of both her seizure disorder and her doctor’s recommendation to use a seizure alert dog. Her employer also requested documentation of the dog’s training, which she provided. Kathleen takes the dog with her when she teaches a class and where ever else she goes on campus. Kathleen is responsible for taking the dog to a designated area to relieve itself and any associated clean-up

Scenario 3: Travis works in a greenhouse. As a wheelchair user, he trained his service dog to perform tasks that would be helpful at work, such as pulling hoses to him, pushing open doors when he is transporting plants, etc. Travis requested that he use his dog at work as a reasonable accommodation and had the dog demonstrate the tasks it could perform. His employer agreed to the accommodation on a trial basis to assess whether the dog would interfere with customers or other workers. After a two week period, Travis’s employer found the service dog caused no interference and granted the reasonable accommodation for as long as needed.

Scenario 4: Margo is a graphic designer. Her therapist suggested she use an emotional support animal to relieve anxiety symptoms at home and also at work, if possible. Margo found a cat to be the best fit for her and requested that she be allowed to keep the animal in her office. Her employer requested medical documentation of her anxiety disorder and her doctor’s recommendation that she keep an emotional support animal at work. The employer granted her request but stipulated that Margo bring the cat to her office in a cat carrier and keep the cat in its carrier whenever she was not in her office. The cat must also wear a collar and tags indicating its vaccinations are current.

When Coworkers are Allergic to the Service Animal…

-from Job Accommodation Network: Service Animals in the Workplace, by Linda Batiste, J.D.

  • Allow the employees to work in different areas of the building and/or establish different paths of travel for each employee. 
  • Provide one or each of the employees with a private/enclosed workspace. 
  • Use a portable air purifier at each workstation. 
  • Allow flexible scheduling, so the employees do not work at the same time. 
  • Allow one of the employees to work at home or to move to another location. 
  • Develop a plan between the employee with allergies and the employee using a service animal, so they are not using common areas such as the break room and restroom at the same time. 
  • Allow an employee with allergies to take periodic rest breaks if needed, e.g. to take medication. 
  • Ask the employee who uses the service animal if (s)he is able to use other accommodations to replace the functions performed by the service animal for meetings attended by both employees. 
  • Arrange for alternatives to in-person communication, such as e-mail, telephone, teleconferencing, and videoconferencing. 
  • Ask the employee who uses a service animal if (s)he is willing to use dander care products on the animal regularly. 
  • Ask the employee who is allergic to the service animal if (s)he would consider, and would benefit from, wearing an allergen/nuisance mask. 
  • Add HEPA filters to the existing ventilation system. Have the work area-including carpets, cubicle walls, and window treatments – cleaned, dusted, and vacuumed on a regular basis.