Dogs seem to be everywhere you go these days: whether it’s an outdoor restaurant, the hardware store, or your local brewery. While many may wish it were true, employers are not obligated to allow employees to bring an emotional support animal to work.
Under the Americans with Disabilities Act (“ADA”), a service animal is a dog trained to work or perform tasks for the benefit of an individual with a disability. Service animals are working animals, not pets. The work or tasks performed by a service animal must be directly related to the owner’s disability. For example, this may include a guide dog helping someone who is blind, an alert dog assisting their deaf owner, or a dog pulling their owner’s wheelchair. Animals that solely provide emotional support, well-being, comfort, or companionship are not service animals.
Emotional support animals are known for providing therapeutic benefits to their owners, such as safety or companionship. Unlike service animals, emotional support animals can include many types of animals. However, emotional support animals, dogs included, are not protected under the ADA or Ohio law. While it would be nice for someone’s furry best friend to join them at work because they help ease day to day tension and anxiety, employers are under no legal obligation to allow pets at work.
While employers can prohibit emotional support animals, an employee’s accommodation request to bring in a service animal needs to be evaluated on a case by case basis. Employers should engage in a dialogue with employees who request to bring in a service animal. As with any request for an accommodation, employers must consider all factors to determine whether accommodating a service animal in their workplace would pose an undue hardship on the business. Employers should consider implementing a service animal policy to cover topics such as the safety of other employees and the service animal, responsibility for any damage caused by the animal, safety and hygiene standards, and whether the animal is contained or harnessed, among other topics. As is usually the case, exceptions may need to be considered when it comes to service animals in the workplace.
Bricker Graydon’s Labor & Employment team is here to help you work through a service animal accommodation request and develop service animal policies for your business.
