A service dog can play a crucial role in the daily life of a person with a disability. These animals are specially trained to assist a person with their daily tasks and have full public access. Importantly, people with disabilities may also require the use of service dogs in their employment. If you rely on a service animal to help you complete tasks because of your disability, it’s essential to understand your rights when it comes to bringing your service dog to work.
Under the Americans with Disabilities Act (ADA), a service animal is a dog — or in some cases, a miniature horse. These animals are not considered pets, but rather, they are working animals that have been trained to perform specific tasks to support a person with a disability. Similarly, Ohio law defines a service animal as “any dog individually trained to do work or perform tasks for the benefit of an individual with a disability . . . and meets the definition of ‘service animal’ under the Americans with Disabilities Act.”
Pursuant to the ADA and Ohio law, a disability can include any of the following:
Specifically, a service dog can help guide a person who is vision-impaired, alert someone who is deaf, protect a person having a seizure, or remind a person with a psychiatric disability to take their medication. A service dog can also help to calm a person with Post Traumatic Stress Disorder, as well as open doors, provide balance, and carry items for a person who is unable to do so. Other examples of disabilities that might qualify for bringing a service dog to work can include multiple sclerosis, chronic pain, diabetes, arthritis, cerebral palsy, autism, bipolar disorders, anxiety disorders, and many other conditions.
Bringing a service dog to work is considered a reasonable accommodation under Title I of the ADA. A reasonable accommodation is any change made to the working environment or employer’s policies that would assist the employee with performing the essential functions of their job. However, an employer is not legally required to ask an employee if they need a reasonable accommodation to perform their job function — the employee must make the request. In addition, the employee remains responsible for the care, behavior, and management of the service dog at work. Once an employee requests a reasonable accommodation to bring their service dog to work, they begin a dialogue with their employer that is referred to as “the interactive process.”
An employer is prohibited from granting a reasonable request to an employee with a disability unless it would cause undue hardship on the business. An undue hardship is any burden that would be placed on the employer based on their resources, such as substantial expense. When an employee with a disability makes a request to their employer to bring their service animal to work, the employer is permitted to ask for medical documentation if the need for the service animal is not obvious. An employer is also legally allowed to request information regarding how the animal will relate to the employee’s ability to perform their job-related duties.
The reasonable accommodation provision of the ADA applies to companies with 15 or more employees. Ohio law provides nearly identical protections to a person who needs a service animal to carry out their job duties, but it mandates that a reasonable accommodation be provided to someone who works for an employer with four or more employees.
Service dogs are not the same as emotional support animals. In contrast with a service dog, an emotional support animal is not trained to perform any specific tasks in connection with their handler’s physical or psychological condition. Instead, their presence alone is meant to provide emotional comfort and therapeutic benefit.
Unlike bringing a service dog to work, emotional support animals are not protected under the ADA or Ohio law — they do not have unrestricted public access and there are no statutes that require employers to permit them in the workplace. Nevertheless, some employers may allow emotional support animals if an employee can provide adequate documentation that demonstrates the need for one. It’s best for an employee to review workplace policies and discuss the matter with a supervisor.
If you have a disability that requires a service animal and your employer has prohibited you from bringing your service dog to work, you may be entitled to take legal action. Located in Westlake and providing skillful counsel to clients throughout Ohio, employment law attorney Chris Lalak is dedicated to fighting for the rights of employees who have been denied reasonable accommodations in the workplace for their disabilities. Contact Lalak LLC today to schedule a free, confidential, no-obligation consultation and learn how we can help.
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