Animals in the workplace have become one of the most talked about workplace topics over the last few years. When it comes to rules about dogs and other animals in the workplace, the first thing is to establish whether or not the animal is a service animal or an emotional support animal.
This will help you understand how to navigate an employee’s request for the presence of one on Company property.
Common Questions About Service Dogs at Work
Service Dogs in the Workplace (And Other Animals)
As defined under Title II and III of the Americans with Disabilities Act (ADA), a service animal is any dog that is individually trained to work or perform tasks for the benefit of the individual with a disability. The disability can be physical, sensory, psychiatric, intellectual or mental. The work of a service dog must be related directly to the individual with the disability. This individual is typically the “handler” of the dog.
Examples of what a service dog can do include, but are not limited to:
- Guiding a blind person
- Alerting a deaf person to sounds, such as knocking on the door or someone entering a room they are in
- Opening the door or carry items for an individual in a wheelchair
- Recognizing seizures and standing over their handler during the seizure or seeking help
Under the ADA, service dogs have full public access rights and can go to places where pets/animals are not allowed. They can be brought into buildings, stores, restaurants (not the kitchen), or other public places.
It is important to note that Title I of the ADA (the employment provisions), does not outline guidelines for employers to follow when an employee asks to bring in their service animal. As such, the request should be processed like any other request for a reasonable accommodation.
Can I Bring My Service Dog to Work?
The answer is dependent on the employer.
Review policies on animals in the workplace. If the employer has a no-animals in the workplace policy, then they must consider modifying their policy on a case-by-case basis to allow an employee to bring their service animal to work unless doing so would result in undue hardship.
Employers may ask for documentation to support the need of the service animal in the workplace if the need/disability is not obvious. Employers may also ask for documentation that the service animal is appropriately trained and will not be disruptive. Employers must understand that documentation may not come from a health care provider when it comes to demonstrating that the service animal is properly trained.
Like any other accommodation request, employers and employees should work together to determine if there is a way to reasonably accommodate the employee and meet the needs of the business. While, in general, employers are not required to provide care for or supervision of the service animal, if there is an area of the building the animal cannot be in due to the nature of the business and safety reasons, and the employee’s job requirements have them visiting those areas once a week, the employer should provide a safe place for the animal to stay during that time.
It is also important to note that the ADA does have strict confidentiality rules that restrict employers from disclosing information to employees about someone’s disability and accommodations in the workplace. Employers should not disclose that the specific employee has a disability and is bringing in a service animal as an accommodation. Instead, employers should inform employees that a dog will be present in the workplace and that the expectation is that they should not interact with it. As another option, employers may ask the employee with the service animal how they would like to educate other employees, keeping in mind that if the individual is not comfortable with that, employers would then be responsible for informing all employees that a dog will be present and set expectations.
Employers should be aware that allergies and fear of dogs are not valid reasons for denying access or refusing to allow a service animal on company property. When a person who is allergic to dog dander and a person with a service animal must spend time in the same room or area of a facility, they both should be accommodated by assigning them, if possible, to different locations within the room or different rooms in the facility.
Can My Employer Ask for My Service Dog to be Removed?
A person with a disability cannot be asked to remove their service animal from the premises unless:
- The dog is out of control and the handler does not take effective action to control it; or
- The dog is not housebroken.
Employees with a service animal should not be isolated from other employees or treated less favorably.
It is recommended that employers reach out to their EBC HR Advisor to review their policies, and if an employee requests to bring in a service animal.
Emotional Support Dogs in the Workplace (And Other Animals)
Emotional support animals typically do not have specialty training to perform tasks that assist people with disabilities. According to the United States Department of Housing and Urban Development (HUD), an emotional support animal is an animal that provides emotional support alleviating one or more symptoms/effects of an individual’s disability.
Typically, the emotional support animal will provide companionship, relieve loneliness, and alleviate symptoms of depression or anxiety. Emotional support animals are not limited to dogs and can be a variety of different animals.
While emotional support animals are not exactly called out in the ADA, dependent on how the Company policies are written on animals in the workplace, an emotional support animal may be a reasonable accommodation.
Can I Bring My Emotional Support Dog to Work?
Review policies on animals in the workplace to see how hey may affect a request for an emotional support animal in company buildings. Employers should know that they do not have to allow an employee to bring an animal into the workplace if it is not needed for a disability, however, the policy should reflect what type of animal is or isn’t allowed in the workplace.
Service Dogs at Work in New York State
Please keep in mind that while New York State is lenient with emotional support animals, there are a few exceptions. If the emotional support animal is a potential risk to those around the individual with the animal, their emotional support status can be revoked. Potential risks can include, but are not limited to, aggressive behavior, property damage, and excessive barking.
Get Help with Employee Relations and Other HR Challenges
If you are having trouble navigating requests for service animals or emotional support animals in the workplace, or other challenges regarding employee relations, an HR service company can help.
Contact us today to learn more about our HR services.
Common Questions About Service Dogs at Work
Here are some common questions on this topic:
What is the difference between a service animal and an emotional support animal?
A service animal, as defined under the ADA, is a dog individually trained to perform tasks for a person with a disability. These tasks must be directly related to the individual’s disability. Emotional support animals, on the other hand, do not require specialized training and provide comfort by alleviating symptoms of a mental or emotional condition. Emotional support animals are not recognized as service animals under the ADA.
Are employers required to allow service dogs in the workplace?
Employers must consider service dog requests as reasonable accommodations under ADA Title I. While there is no specific requirement outlined in the law, employers must evaluate such requests on a case-by-case basis. They can only deny the request if allowing the service animal would cause undue hardship.
Can employers request documentation for service animals?
Yes, if the need for the service animal or the disability is not obvious, employers may ask for documentation to support the accommodation request. They may also request documentation showing that the animal is trained and will not be disruptive. However, proof of training may not necessarily come from a health care provider.
Can emotional support animals be allowed in the workplace?
Emotional support animals are not guaranteed workplace access under the ADA, but depending on how a company’s policy is written, they may still be allowed as a reasonable accommodation. Companies should clearly define what types of animals are permitted and under what conditions.
Under what circumstances can a service dog be removed from the workplace?
A service dog may only be removed if it is out of control and the handler fails to take corrective action, or if the dog is not housebroken. Allergies or fear of dogs are not valid reasons to deny a service animal’s presence, and both the person with the allergy and the handler should be reasonably accommodated.
