11/20/2023
SERVICE DOGS WITH YOU ON THE JOB (questions we see come up most often)
1. Do the same rules that apply to a customer bringing their service animal into a store also govern a service animal accompanying an employee to their job?
No. A service animal accompanying an employee to his or her job is viewed as a “reasonable accommodation” under Title I of the ADA, which governs employment.
Thus, an employee must request that the service animal be present as an accommodation for their disability. The employer is obligated to take such requests seriously.
The employee may request, and the business may allow as an accommodation, an animal that does not meet the ADA definition of “service animal”. For example, the employee could request that their comfort animal, which does not meet the ADA definition of “service animal,” be allowed to come to work as an accommodation.
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2. Does the employer automatically have to allow a service animal into the workplace if requested by an employee?
As with any request for an accommodation, the employer may need more extensive medical information regarding the employee’s disability and explaining how the service animal’s presence will relate to his or her ability to perform the duties of the job, in order to evaluate the request.
In general, the employer are expected to grant the accommodation request if: a) the employee’s disability and the service animal’s function are related; b) the service animal will improve the worker’s ability to perform their job; c) the animal has had sufficient training to not be a disruptive presence in the workplace; and d) the accommodation does not present an undue hardship.
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3. Do I have to let my prospective job know about my service dog at my interview?
From a practical standpoint, the best thing might be to go ahead and conduct the interview if possible and then discuss the service animal if the company offers the job. This way, the employer focuses on the job applicant's qualifications and not on the employee's disability.
