If a member of your crew asked to bring her dog into the workplace, how would you respond?
Keep in mind that certain dogs could be considered a reasonable accommodation under the Americans with Disabilities Act (ADA), which means you can’t just turn down her request.
Rather, you’re required under the ADA to engage in the interactive process to determine whether the woman should be allowed to bring her dog to work.
The first thing to find out is whether the dog is considered a service animal or an emotional support animal – the difference will play a big role in shaping your response.
Service animals, which must be dogs only, have been trained to handle tasks such as guiding blind people, alerting deaf workers, or pulling a wheelchair.
Emotional support animals, which can be any type of pet, haven’t been trained to perform specific tasks. Rather, they provide the person with emotional or psychological comfort.
The difference between the two classifications of animals is important because you’re legally required to consider letting the woman bring her service animal into the workplace, but you can usually deny a request for an emotional support animal.
When considering the worker’s request for a service animal, you must engage in the interactive process. Remember that you have limited ability to turn down a request for a service dog, unless you can show that the animal would create an undue hardship because it could be a threat to health and safety, could lead to significant workplace disruption, or could cause a financial burden.
You can, however, ask the worker to provide medical documents to prove the need for the service animal, and certification records for the dog to show that it has been trained to perform specific tasks to help the woman perform her job.
(From the Oct. 4, 2024, issue of HR Manager’s Legal Alert for Supervisors. To start your no-obligation trial subscription to the publication right now, please click here.)