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In today's workplace, the presence of animals assisting and supporting individuals with various needs is becoming more prevalent. From service dogs aiding those with disabilities to emotional support animals offering comfort, employers are increasingly faced with requests to accommodate these furry companions.
However, amidst the growing trend, it's essential for companies to understand their obligations under federal law, particularly when it comes to accommodating disabled employees under the Americans with Disabilities Act (ADA).
As employees seek to bring ADA service animals into the workplace as reasonable accommodations, employers must navigate the legal and practical considerations involved. This includes understanding the specific definitions outlined by the ADA, recognizing the types of tasks service animals can perform, and assessing how to best accommodate such requests while maintaining a productive and inclusive work environment.
In this guide, we'll explore the nuances of accommodating ADA service animals in the workplace, examining the legal framework, best practices for compliance, and the implications for employers and employees alike. By gaining clarity on these matters, employers can effectively address employee requests and foster a workplace environment that prioritizes inclusivity, accessibility and employee well-being.
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ADA service animals help people with disabilities by assisting them with activities they have difficulty performing on their own. But before you let all the dogs in, remember that the ADA defines a service animal specifically as “a dog that has been individually trained to do work or perform tasks for an individual with a disability” and adds that “the task(s) performed by the dog must be directly related to the person’s disability.”
Examples of disability-related “work” or “tasks” a service dog can do include:
The ADA, which applies to employers with 15 or more employees, requires business owners to make reasonable accommodations for employees who can show they have one of the following types of disabilities:
Title I of the ADA requires that, when asked, employers must provide reasonable accommodations to disabled employees so they may perform essential functions of their jobs unless it would create an undue hardship on the business.
An employer may show that a service animal imposes an undue hardship if it:
Claiming undue hardship is a narrow exception under the law, however, and business owners should seek advice from legal counsel before doing so.
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When a disabled employee asks to bring a dog to work and the disability is not obvious, the employer and employee should discuss the employee’s disability, how it affects the employee’s major life functions, how it impedes the employee in completing job duties and how the service animal might aid the employee.
Employers who can provide an alternative to the requested service animal can still meet their ADA obligations, provided the option is as effective in helping the employee perform job functions and better meets the employer’s needs.
Make sure you don’t bark up the wrong tree, though. In almost every situation involving a service animal request, the employer is likely to determine that no alternative accommodations are as effective.
Trained service dogs accompanying disabled employees to their jobs has long been viewed as a “reasonable accommodation” under the ADA. In fact, several employers have been fined and successfully sued for not permitting service dogs in job interviews or at work. Monetary penalties for ADA violations alone can be doggone expensive – up to $75,000 for the first offense.
There is no such precedent for “comfort” or “emotional support” animals, which are untrained creatures whose mere presence provides comfort.
Some employers have thrown their employees a bone by offering less disruptive alternatives to a comfort animal, such as allowing the employee to use a pet monitor or stuffed animal at work.
There are no known cases to date in which a court has found an employer in violation of the ADA for denying the presence of an untrained comfort animal in the workplace where an alternative has been offered.
Generally speaking, employers should avoid requiring alternative accommodations for ADA service animals trained to perform specific tasks but may provide other ways to accommodate employees who request animals accompany them to work for emotional support.
In the event an ADA service animal negatively affects other employees, employers may have to provide reasonable accommodations for them as well – for example, offering separate paths of travel, telecommuting options or alternate methods of meeting participation – such as by phone or video – even when an employee is in the office.
Following ADA-related best practices for service animals can unleash improved employee productivity that breeds bottom-line success.
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If you're looking to enhance your workplace policies or need assistance in making your workspace more accommodating for employees with service animals, Axcet HR Solutions is here to help. With our deep expertise in HR compliance and disability accommodation, we can provide you with the support you need to navigate these challenges successfully.
Our team is ready to assist you in developing policies that not only meet legal standards but also contribute to a more inclusive and productive work environment. Schedule a consultation to speak with one of our HR experts today!
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