When a Dog Isn’t a Pet: Service Animals in the Workplace

What you’ll discover:

What exactly are service animals?
Do other types of service animals exist?
Which handicapped people are the most likely to possess service animals?
How can you know whether an animal is a service animal rather than a pet?
Can you bar a service animal from accessing your establishment?
What if the dog begins to bark or bite other customers?

Pets are not permitted at commercial enterprises in the United States. Whether they operate a restaurant, a hotel, an apartment complex, a taxi cab, a café, an office building, or a shoe shop, the law gives them the authority to deny any animal admission.

Unless if it’s a service animal.

The Americans with Disabilities Act defines a service animal as “any canine that has been individually taught to conduct labor or perform duties for the benefit of a person with a disability, including a physical, sensory, psychiatric, intellectual, or other mental condition.” With a few exclusions, service animals are welcome everywhere a customer is.

Here’s a quick primer on what you and your company should know about service animals.

What exactly are service animals?

A service animal must be “trained to offer aid to a disabled human.” While certain non-dog animals may be used as service animals, the Americans with Disabilities Act was revised in 2010 to state that “other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this term.”

To put it another way, the ADA only applies to dogs. This is not to say that other animals cannot be utilized to assist handicapped people. Rather, it indicates that those animals, such as service monkeys that aid humans with mobility problems, are not legally covered by the Americans with Disabilities Act. In these circumstances, understand that you cannot keep these creatures out of your establishment. This may expose you to discrimination claims. Non-canine service animal legal concerns are less clear and often fall under state or local legislation.

Do other types of service animals exist?

While monkeys and miniature horses have been utilized as service animals, the list is far from exhaustive. Creatures employed in “animal-assisted therapy” may qualify in California and other states. The theory behind this kind of treatment is that a single animal, rather than a group, breed, or species of animals, may help a person’s well-being. One well-known San Francisco case included a guy who had a service iguana as part of his authorized treatment.

It’s important to remember that only dogs — and in rare situations, miniature horses — are officially classified as service animals. Consult your local and municipal legislation for a complete list, since more liberal state or local definitions may take priority over the ADA in this circumstance. If you’re uncertain, get advice from a company lawyer.

Which handicapped people are the most likely to possess service animals?

While the blind constitute the majority of service animal owners, many other impairments are eligible. Those with autism, Parkinson’s disease, or any other movement handicap are eligible.

How can you know whether an animal is a service animal rather than a pet?

Dogs usually wear a vest, harness, or collar that indicates they are a service animal. If none of these are present, you have the legal right to question the owner whether the dog is a service animal. The owner may have documentation to this effect.

But, if the owner says the dog is an assistance animal but provides no proof, you are not legally permitted to refuse the person entry merely because you do not believe them. This will expose you to discrimination lawsuits and other legal issues.

Can you bar a service animal from accessing your establishment?

Simply put, no. If you have a “No Pets” policy, you must modify it to enable service animals to enter. Remember, they are not considered pets under the law.

Additionally, you may not charge a cleaning fee or any other extra cost to the owner of a service animal. A customer with such an animal is to be admitted to any place where other customers are permitted.

What if the dog begins to bark or bite other customers?

To begin with, this is quite unusual. Service animals have extensive training and are often good at avoiding distractions.

But, if a service dog causes disruption or danger in your workplace, you have the legal right to request that the animal be removed. If the owner is competent, they must be let back in without the animal. What are two examples? A dog biting another client or persistently barking in a movie theater.

If you have any concerns regarding your legal duties as a company owner, talk with a lawyer or visit the Americans with Disabilities Act Home Page. Finally, the more individuals that go through your doors, the more consumers you serve. Let someone in when in doubt.

Failure to do so may come back to haunt you.