May 8, 2024

This paid piece is sponsored by Woods, Fuller, Shultz & Smith PC.

By Thomas Schartz, Woods Fuller associate

Chances are you have encountered service animals accompanying their owners in various public places. But what exactly qualifies an animal as a service companion? In this post, we’re looking into the realm of service animals: defining what they are, how to distinguish them from your average pet, their significance under the Americans with Disabilities Act, the role they play as reasonable accommodations, any exceptions to their owner’s rights and, ultimately, why these furry — and sometimes not-so-furry — assistants are indispensable to those they serve.

What is a service animal?

Understanding what qualifies as a service animal is crucial for both individuals with disabilities and the establishments they frequent. Essentially, service animals are not your average household pets; they are highly trained to perform specific tasks that assist people with disabilities.

From guiding individuals who are visually impaired to alerting those who are deaf or hard of hearing, their roles encompass a wide range of supportive functions.

Under the ADA, a service animal is defined legally as a dog that is individually trained to work or perform tasks for the benefit of a person with a disability. It’s important to note that the tasks performed by these animals must be directly related to the individual’s disability, highlighting the functional aspect of their assistance.

However, it’s worth clarifying that not all animals qualify as service animals under the ADA. Emotional support animals, for instance, do not fall under this category as their primary function is to provide comfort or companionship rather than perform specific tasks.

While federal regulations governing air travel may echo similar definitions, it’s essential to recognize the nuances of how service animals are defined under different contexts of the law, such as titles II and III versus Title I of the ADA.

Ultimately, when it comes to accommodation claims in the workplace under Title I, the emphasis lies more on the reasonableness of the accommodation rather than the specific classification of the animal. So while the definition of a service animal may seem straightforward, navigating the legal landscape surrounding their roles and their owner’s rights requires a deeper understanding of applicable laws and regulations.

How do I know if a dog is a service animal?

Determining whether a dog qualifies as a service animal doesn’t hinge on specific certification requirements but rather on the animal’s training and tasks. The bar for qualifying as a service animal is set low intentionally, emphasizing the importance of the animal being trained to perform tasks or work for the benefit of a person with a disability.

While businesses operating as places of public accommodation must adhere to federal regulations regarding inquiries into service animals, they are prohibited from asking about the nature or extent of a person’s disability. However, they are allowed to make two inquiries: whether the animal is required because of a disability and what specific tasks or work the animal has been trained to perform.

It’s worth noting that Title I lacks specific regulations concerning service animals, making inquiries regarding service animals in an employment context more nuanced. In summary, there are no certification requirements for service animals, and employers should prioritize and carefully consider the reasonableness of accommodations over the classification of the animal as a service animal.

Service animals and Title I

Title I of the Civil Rights Act mandates that employers provide reasonable accommodations to qualified individuals with disabilities, ensuring that they can perform essential job functions.

But what exactly constitutes a “qualified individual?” Essentially, it’s someone who can perform the job’s essential duties either with or without reasonable accommodation. Speaking of accommodations, the term encompasses various adjustments, from modifying work schedules to restructuring job roles.

Interestingly, service animals also can fall under the umbrella of reasonable accommodations under Title I as highlighted in Equal Employment Opportunity Commission interpretive guidance. If a service animal directly assists an individual in performing specific job duties, it can be considered a reasonable accommodation. However, if the service animal aids the individual both at work and in daily activities outside of work, it’s likely to be deemed a personal item, not mandated for the employer to provide. So while service animals can be considered reasonable accommodations, the employer’s obligation to provide them hinges on their necessity specifically within the workplace context.

Exceptions to service animal accommodations

When it comes to exceptions to service animal accommodations, an employer’s options vary depending on which title of the ADA is at play. While titles II and III outline specific circumstances where access can be denied, such as if the animal poses a direct threat to others’ safety or is out of control, Title I lacks explicit references to service animals and exceptions.

Despite potential concerns such as allergies or phobias, denying access based on these grounds generally is not valid under titles II and III. However, the applicability of these exceptions in Title I remains unclear, emphasizing the importance of evaluating accommodations based on reasonableness rather than relying solely on exceptions outlined in other titles.

Ultimately, ensuring accommodation while mitigating risks or concerns is essential for fostering an inclusive environment in various settings.

Bottom line

Service animals play a vital role in assisting individuals with disabilities in various aspects of their lives. As dogs trained to perform specific tasks for the benefit of a person with a disability, these animals provide crucial support, from guiding the visually impaired to alerting the deaf or hard of hearing.

While navigating the legal landscape surrounding service animals may seem complex, understanding their significance in the workplace is essential. Employers must engage in a structured process to evaluate requests for service animals, ensuring compliance with the Americans with Disabilities Act and fostering the effective integration of disabled employees. Although exceptions to service animal accommodations exist, particularly in titles II and III, the emphasis remains on evaluating accommodations based on reasonableness to create inclusive environments that prioritize both accessibility and safety.

The attorneys with the Woods Fuller employment law team are available to answer any questions you may have regarding service animals.