Your employer can deny your request to have your service animal at work if it would create an undue hardship. Your employer is not allowed to simply say that dogs are not allowed at the workplace or that it would be disruptive.
If bringing your service animal to work would put an undue burden on the company, they may refuse your request. Your employer cannot merely state that dogs are not permitted at work or that they would be disruptive.
Can I Get Fired for Having a Service Dog?
Some people use a service animal at work to assist them in a variety of ways that they are unable to do on their own. For instance, a person with vision issues can use the animal’s assistance to navigate their workplace. Additionally, there are a number of other workplace issues that a person’s service animal can assist with.
A service animal is defined by the ADA as a pet that assists a person who is physically unable to perform certain tasks on their own. They require assistance, and these animals give it to them. A service animal may be permitted to accompany an employee who requires physical assistance due to a disability under the employment discretion provisions of the ADA. Additionally, an employer may take into account the assistance of other staff members for emotional support, and if an animal is required, a reasonable accommodation for the disability may be made.
However, the employer must request a reasonable accommodation if necessary. And in terms of the proof that can be taken into account later, it is a much better option to the right. Be succinct and specific in your letter when describing your disability and any assistance you might require while working. Describe how a service dog can help someone and how it can help them with their job. You should also have to explain how the animal’s needs will be met, where they will be accommodated in the office, and where they will be. The employer may request proof of the dog’s training, a certificate, and even information about how the dog will behave in an office setting.
Your request to bring a service animal to work may be denied by an employer. Because several employees have dog allergies, an employer may occasionally refuse a request. There are several options available in this situation, including providing air filters, relocating employees, and putting them in a closed cabin to reduce contact with the animal. Your employer might also inquire about the animal’s conduct in the workplace. Additionally, the animal itself needs to be free of any parasites and fleas that could spread to other people.
Talk to an experienced employment lawyer right away if the employer refuses to allow a service animal in the workplace. A lawyer can decide the most advantageous course of action and help to alleviate the condition. A lawyer may also advise you to file a complaint with the Equal Employment Opportunity Commission or write a letter of demand to your employer.
The ADA allows the employers to choose among effective accommodation providing a substitute for a service animal. But that can bring many issues. For example, a service dog can help the employer with his various medical conditions which an employee can’t do from his end.
Can I take my service animal to work? Or, is my employee allowed to bring a service animal to work?
Maybe. Title I of the ADA covers employment. Under Title I, service animals are considered a reasonable accommodation. As a disability accommodation, an employee must request that their service animal be present.
The ADA is divided into five sections called “titles. ” Each title covers a different area. Title I regulates employment and is applicable to labor unions, state and local governments, private businesses with 15 or more employees, and private employers. Employers with fewer employees may be required to provide reasonable accommodations by some state and local laws. Title I guarantees that protected organizations won’t treat a qualified person with a disability unfairly. This applies to the hiring process, promotion and termination of employees, workers’ compensation, job training, and all other employment-related terms, conditions, and privileges.
The Northeast ADA Center has created two helpful tips about service animal as a reasonable accommodation. These infographics are available on their Facebook page. Take a look at Tip #1 and Tip #2.
Any modification to the job, the way it is performed, the application or hiring process, or the workplace environment that enables a person with a disability who is qualified for the position to perform the essential functions of that position and benefit from equal employment opportunities is known as a reasonable accommodation. An employer must consider the request made by the candidate or employee with a disability in order to decide what is reasonable. Depending on the employee’s position, how their disability affects their ability to perform their job, and the environment they work in, a reasonable accommodation will be determined. Accommodations are deemed “reasonable” if they do not pose an immediate threat or an excessive hardship.
A few examples include reorganizing a position, altering the workday, and acquiring or changing equipment. Another example of a reasonable accommodation is changing a “no animals” rule to allow a service animal or emotional support animal for an employee.
Learn more about the responsibilities of employers and the interactive process of requesting, obtaining, or providing a reasonable accommodation in this ADA National Network factsheet.
Service Dogs and Emotional Support Animals in the Workplace
A service animal is a dog (or occasionally a miniature horse) that has been specially trained to carry out tasks or work for the benefit of a person with a disability under the provisions of the ADA that apply to public accommodations. Pets and what some refer to as “emotional support animals”—animals that offer comfort and company to people with psychiatric or emotional disabilities or conditions—are not included in this definition. Despite the fact that these animals frequently have therapeutic effects, they are not specially trained to carry out particular tasks for their handlers. Owners of public accommodations are only required to permit service animals under the ADA, not emotional support animals.
However, the ADA’s employment-related section does not use these definitions; in fact, it does not define “service animals” at all. An employer may only be required to permit an employee to use a service dog at work as a reasonable accommodation for the employee’s disability under the employment discrimination sections of the ADA. If an employee needs an emotional support or other assistance animal as a reasonable accommodation for a disability, the employer may also need to take that into consideration. (Under the ADA, employees with disabilities are entitled to reasonable accommodations that will enable them to perform their jobs, unless doing so would result in an unreasonable burden or expense given the employer’s size and resources. ).
FAQ
Can you make someone prove they have a service dog?
A person cannot be asked to “prove” that their dog is a service animal in a public place. It is not necessary for a service dog to be registered, certified, or otherwise designated as such.
What disqualifies a dog from being a service dog?
The dog must be gentle and non-reactive (no barking, growling, etc.); able to maintain behavioral stability in a variety of environments. ). The dog must be able to focus, be quiet, and be obedient to its handler without getting distracted or straying.
Does Anxiety count for a service dog?
A particular kind of service animal trained to help people with mental illnesses is called a psychiatric service dog (PSD). These include bipolar disorder, schizophrenia, depression, anxiety, and post-traumatic stress disorder (PTSD). For instance, a dog might help a person with PTSD conduct room searches or turn on lights.
What if an employee is allergic to a service dog?
Although the ADA gives employers the right to refuse entry to a service animal that poses a direct threat to others or is not in the owner’s control, in most cases, an employee’s allergies to the service animal do not.