April 20, 2022
Typically, most employers do not allow employees to bring their pets to work. Such employers are, however, increasingly faced with requests from employees to bring their service or emotional support animals to work. Although no federal law directly applies, employers may be required to accommodate these requests under the Americans with Disabilities Act (ADA). The ADA is the primary federal law protecting the rights of individuals with a disability and requires that employers:
- Refrain from discriminating against a qualified individual because of a disability.
- Provide a reasonable accommodation to individuals with a disability, unless doing so causes an undue hardship.
To determine whether a reasonable accommodation exists, the employer must engage in an interactive process with the employee. Employers that do not properly respond to these requests or engage in the process in good faith may face significant liability.
A service animal is defined as “any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.” Emotional support animals generally only provide therapeutic or companionship benefits to individuals. They are usually not trained to perform any specific task and, therefore, do not fall within the ADA’s definition of a service animal.
Title I of the ADA, which applies to private employers with at least fifteen (15) employees, does not specifically address the use of either service animals or emotional support animals. Consequently, when faced with an employee’s request to bring either a service animal or an emotional support animal to work, an employer should not automatically refuse the request and, instead, should engage in the interactive process. In doing so, the employer should determine if the service animal or emotional support animal will effectively assist the employee with performing the essential functions of his or her job and should further determine whether the presence or use of the animal will impose an undue hardship on the employer.
If you have any questions regarding this or any other employment law matter, please contact Dean Leazenby at Warrick & Boyn, LLP.
For more information and counsel on business law, please contact the attorneys at Warrick & Boyn, LLP.