Do I have to allow an employee’s service animal at work under the ADA?

A local Subway has been taking a beating in the press after one of its employees refused to let a customer’s service dog into the shop.

But this Subway story was about a customer, not an employee. Which got me thinking about how you handle the employee who wants to bring a service animal to work with her.

Here’s a handy FAQ you can put in your desk drawer about service animals in the workplace.

A Request for a Reasonable Accommodation

What does the ADA say about this situation? Although Title I of the ADA, which applies to employment of people with disabilities, doesn’t mention service dogs, you should think of a request from an employee to bring her service dog to work as a request for a reasonable accommodation, and proceed accordingly. Don’t feel you have to automatically grant the request, but at least look at it.

Which animals count as service animals under the ADA? Only dogs and miniature horses. (Miniature horses? Yes.) If the employee is asking to bring any other kind of animal - even if it has been trained to assist people with disabilities - then you don’t have to consider it as an accommodation.

What if I have a no-animals rule? A request to bring a service animal really is just a request to deviate from any company rule that animals are not allowed. And if you have such a rule, then you’ll have to look at relaxing it on a case-by-case basis if an employee asks to bring in a service animal.

Can I offer something other than the animal? An employee is entitled to a reasonable accommodation, but she’s not entitled to her first choice of accommodations. You can certainly offer something else if it’s reasonable and will enable her to perform the essential functions of her job. However, because service animals are so closely tied to a person, it may be that in many situations, the only reasonable accommodation will be a service animal.

Medical Documentation

What kind of documentation can I ask for? You’re entitled to medical documentation to support the need for the service animal, unless it’s obvious (a blind person obviously wouldn’t have to bring documentation to show that she needs a guide dog). You also have a right to documentation to show that the service animal is properly trained and won’t disrupt the workplace.

Can I ask for proof of shots, licensing, and so on? I’d say yes, as a prerequisite to allowing the animal in. I would require documentation that the animal is up to date on vaccinations, licensed, taking parasite and flea/tick prevention, and that the person has written proof of homeowners or renters insurance. I might consider asking for an indemnity agreement from the employee, as well as authorization to deduct damages from her paycheck if something goes wrong, but be careful - if you don’t require these things of similar employees, requiring them of the disabled employee could wind up being discrimination or retaliation.

Set Rules for the Behavior of the Animal

Can I set rules for the behavior of the animal? Absolutely, and you should strongly consider doing so. My advice would be to require that the animal be “office- and house-trained,” have no history of aggression (including no biting) and a friendly, non-protective demeanor. Spell out any leash requirements, and provide that any showing of aggression (growling, barking, chasing, biting, etc.) will mean the animal is banned from the property after one complaint.

What about restricted areas, or a coworker who is allergic? Restricted areas do not provide a basis for refusing to allow a service animal in the building altogether. If certain parts of the workplace are off-limits (for safety or other reasons), then your company can establish guidelines to make sure that the animal stays out of those restricted areas. If a coworker who is also disabled has allergies, then you should not just consider one employee’s accommodation without the other’s, or vice versa. Instead, you have to consider the needs of both employees and find an accommodation that balances both.

What about breaks for “bathroom” use for the animal? Your company can designate an outdoor area for these breaks away from any entrances. And for the love of Mike, specify that the person, and the person only, will be responsible for clean-up. You may have to adjust the employee’s break schedule or give her extra breaks to care for the animal.

What about emotional support animals? Animals that are used for emotional support, comfort, or therapy do not constitute service animals under the ADA, so there is no obligation to accommodate them.

These are tough issues, there’s no way to sugar-coat it. But if you get an accommodation request like this one, make sure you talk with your employment lawyer before answering.