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When a public-sector employee requests to bring a service animal into the workplace, HR can assist managers and supervisors through the interactive process while ensuring compliance with the Americans with Disabilities Act (ADA). Below are guidelines to successfully guide supervisors and managers with the process.
1. Recognize the Legal Obligation
Under the ADA, service animals must be allowed in the workplace as a reasonable accommodation unless:
- The animal is out of control and the handler does not correct it.
- The animal is not housebroken.
- Allowing the animal would pose an undue hardship or direct threat to health and safety.
The ADA defines a service animal as a dog (or, in some cases, a miniature horse) that is individually trained to perform tasks directly related to a person’s disability (e.g., guiding a blind individual, detecting seizures, alerting blood sugar changes, calming a person with PTSD during an anxiety attack, or performing other duties). It is important to note that under the ADA, animals whose sole function is to provide comfort or emotional support are not considered service animals.
2. Limit Questions to ADA-Approved Inquiries
If the need for the service animal is not obvious, supervisors may only ask two questions:
- Is the animal required because of a disability?
- What work or task has the animal been trained to perform?
If the employee voluntarily provides documentation, supervisors may accept it but cannot require it as a condition of approval.
3. Engage in the Interactive Process
HR should work with the supervisor and employee to assess:
- Whether the service animal can be reasonably accommodated.
- Any potential modifications needed to the workspace.
- How to address legitimate concerns, such as allergies or the fear dogs among coworkers.
Supervisors might consider alternatives like seating arrangements, air purifiers, or staggered schedules to accommodate both the employee with the service animal and others in the workplace.
4. Establish Reasonable Workplace Expectations
HR should ensure supervisors set clear expectations with employees, including:
- The service animal must always be under control (e.g., leashed, harnessed, or controlled by voice/signal commands).
- The employee is responsible for the animal’s care, feeding, waste disposal.
- The animal should not disrupt operations.
5. Address Workplace Concerns Proactively
If colleagues raise concerns (e.g., allergies, phobias, distractions), HR should:
- Help to educate staff on ADA compliance and service animals.
- Work with affected employees to find reasonable accommodations.
- Emphasize that service animals are not pets and must be treated accordingly.
6. Denying a Request-Only in Rare Cases
HR should advise supervisors that denial of a service animal is rare and should only occur when:
- The animal is not a trained service animal under ADA guidelines.
- The presence of the animal fundamentally alters business operations.
- The animal poses a direct threat to health and safety.
HR can assist supervisors by providing additional resources such as the entity’s reasonable accommodation policy as well as service animal guidance from the ADA (www.ada.gov) and the Job Accommodation Network (https://askjan.org).
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