Dogs and horses and reptiles oh my! Service animals as workplace accommodations

It’s common to encounter people with service dogs when you’re out and about town, such as at the grocery store, a sports arena, or a doctor’s office. These types of businesses are considered “places of public accommodation” under Title III of the Americans with Disabilities Act (ADA), and as a general rule, they must allow individuals with disabilities to bring their service animals into the business in all areas where customers are allowed. But what happens when an employee wants to bring their service animal—or their emotional support animal (ESA)—into the workplace? Must an employer allow that? The answer is one you’ve probably heard more than once from your employment lawyer: it depends.

Follow the interactive process

The employment-related provisions of the ADA are in a different section (Title I) than the public accommodation provisions, and Title I doesn’t specifically address either service animals or ESAs. So the familiar standards of reasonable accommodation and undue hardship apply, just as they would to any other accommodation request.

In considering an employee’s request to bring a service animal or ESA to the workplace, you should follow the familiar ADA interactive process (assuming your business doesn’t otherwise allow animals in the workplace.) A logical first step is to have employees document the basis for the request by identifying their medical condition(s), the resulting limitations, the type and breed of animal, and how the animal will assist them in performing their essential functions.