Q. An employee has requested that he be allowed to bring his Labradoodle to work with him. Do we have to accommodate this request?
A. Pets are accompanying their masters everywhere these days. It is not unusual to see pets in public areas, including restaurants, and even on airplanes. Likewise, more employees are requesting to bring man’s best friend to work. Whether an employer has to accommodate such a request depends on whether the employee is qualified individual with a disability and the request for accommodation would enable the employee to perform the essential functions of his or her job. If the workplace is also a place of public accommodation, then the company also should be mindful of the rules under the Americans With Disabilities Act (ADA) for “service animals.”
The ADA defines a service animal as a dog or miniature horse that is individually trained to do work or perform tasks for a person with a disability. Yes, you did read that correctly. Miniature horses are covered by the Act, although other animals, such as cats, are not. Examples of the type of work or tasks performed by service animals include: (i) guiding a blind employee, (ii) alerting a deaf individual, (iii) pulling a wheelchair, (iv) alerting and protecting a person who is having a seizure, (v) alerting a diabetic that his or her blood sugar has reached certain high or low levels, (vi) reminding a person with mental illness to take prescribed medications, and (vii) calming an employee with a mental health disability during an anxiety attack. The work or task the service animal has been trained to provide must be directly related to the person’s disability.
When it is not obvious what service a particular animal provides, a place of accommodation may only ask the following questions: (1) whether the animal is a service animal required because of a disability, and (2) what work or task the service animal has been trained to perform. The company may not require the individual to demonstrate that the service animal has been trained to perform a certain task. Moreover, the ADA does not require that service animals be trained by a professional training program. Instead, individuals with disabilities have the right to train the service animal themselves. Likewise, the ADA does not require service animals to wear a vest, ID tag, or specific harness, or require that the animal has been certified, trained, or licensed as a service animal.
Animals in Private Workplaces
If your workplace is not a place of public accommodation, then the ADA does not have specific rules governing the type of animal allowed. Employers will need to engage in the interactive process with the employee to determine whether allowing the animal into the workplace will enable the employee to perform the essential functions of his or her job without posing an undue hardship on the employer or a direct threat to health and safety in the workplace. As part of the interactive process, the employer should ask the employee to provide medical documentation of the nature of the disability and way in which the animal would enable the employee to perform his or her job functions. The employer can provide an alternative accommodation so long as the accommodation would be as effective in enabling the employee to perform the job.
Employers should consider putting a written policy in place, taking into consideration several practices, including, for example, the employee’s responsibility to keep the animal harnessed, leashed, or tethered, unless these devices interfere with the animal’s work or the individual’s disability prevents using these devices. In that case, the individual must maintain control of the animal through voice, signal, or other effective controls. In addition, a policy can clarify the employee’s responsibility to provide care and food for the animal. Moreover, an individual with a disability can be asked to remove his animal from the workplace if: (a) the animal is out of control and the employee does not take effective action to control it, (b) the animal is not housebroken; (c) the facility cannot accommodate the animal’s type, size, or weight; or (4) the animal’s presence will compromise legitimate safety requirements necessary for safe operation of the facility.
Significantly, however, a coworker’s allergies or fear of dogs may not be valid reasons for prohibiting animals from the workplace. When a coworker who is allergic to dog dander and a person who uses a service animal must spend time in the same room or facility, they both should be accommodated by assigning them, if possible, to different locations within the room or different rooms in the facility, or modifying work schedules.
–Tracey E. Diamond