Not too long ago I was out to dinner with a friend of mine, who was also a corporate medical director. His company was going through yet another round of budget cuts and headcount reductions, and he wasn’t feeling all that great about the potential impact to his organization. At one point he told me, “I feel like I have less job security than a pot sniffing police dog”. Think about it.
Service animals are a relatively recent phenomenon, but there seem to be more red-vested pooches just about every day. As they are entering the workplace in increasing numbers, there’s a need to understand what they are and how their access is regulated.
For starters, service dogs are…dogs. With very limited exceptions (the occasional service pony) certification is restricted to canines. Service dogs are not the same as emotional support animals (ESA’s). An ESA can be any animal that provides comfort to those with mental or emotional conditions, while service dogs assist in performing specific tasks that their handlers can’t complete on their own. ESA’s can be excluded from workplaces and public areas, while service dogs, with exceptions to follow, cannot.
In the U.S., service dog access is primarily dictated by the Americans with Disabilities Act (ADA) https://www.ada.gov/topics/service-animals/. The law defines service dogs as above and offers the following table:
The definition as very, very broad. As long as the service animal is properly trained to assist their human in public places and at home, it can qualify, regardless of whether it wears special identifiers or is certified by a specific entity. Under this definition, service dogs do not require licensed or credentialled training. In fact, owners may train service dogs on their own, so long as the animal can complete specific tasks related to the stated disability.
Despite this expansive definition, there are some limitations that pertain to business entities. The ADA does not require covered entities to modify policies, practices, or procedures if it would “fundamentally alter” the nature of the goods, services, programs, or activities provided to the public. Nor does it overrule legitimate safety requirements. If admitting service animals would fundamentally alter the nature of a service or program, service animals may be prohibited. In addition, if a particular service animal is out of control and the handler does not take effective action to control it, or if it is not housebroken, that animal may be excluded. Dogs must be under the full control of their handlers at all times. Animals that pose a risk of aggression toward humans may be excluded, although this exception is based on the temperament of a specific animal, rather than the breed.
Finally, ADA limits an employer’s ability to question the disabled worker about the need for a service animal. These restrictions are outlined in the table below. Employers should take care to educate their workforce (especially HR and HSE professionals, and supervisors) to respect the mandated privacy of its workers.
For more information and a copy of the full monograph, “Service Dogs in the Workplace:
Compliance vs. Slobber”, contact NBS Healthcare Group at rob@nbshelth.org, or call Dr. Goldsmith at 203-561-9040.