Service & Emotional Support Animals

Employers who have a no-animal policy must consider modifying the policy, on a case-by-case basis, to allow an employee to have a service animal at work, unless doing so would pose an undue hardship or health and safety risk. 

Employers

When an employee requests the use of a service animal at work, the employer has the right to request documentation of the need for a service animal, unless the need is obvious (such as a blind employee). The documentation should indicate the employee’s need for a service animal and what task(s) the service animal performs to assist the employee in performing the essential functions of their position. 

Proof of training/certification is not required. There are no standards in place for certifying service animals under federal law. 

In some workplaces, there are areas animals are not permitted, such as kitchens or operating rooms. The restriction of a service animal in certain areas should not be a reason for denying an employee's request. Specifically, the interactive process can assist in determining if an employee can be separated from their service animal for part of the workday or if there is a way for an employee to perform the functions of their job without going into an animal-restricted area. 

Employees

The employee is responsible for taking care of the service animal. An employer should consult with the employee to find out what accommodations are necessary to care for the animal, such as adjusting break times to take the service animal outside. 

The service animal must be housebroken and non-disruptive. An employer may rescind the employee’s accommodation of a service animal if either condition is not met. 

Emotional Support Animals

Employers may consider allowing an employee to bring in an emotional support animal; however, an employer does not have to allow an emotional support animal if the requesting employee is not disabled or if the animal is disruptive to the workplace.