Taking service animals to the workplace is not a choice, but a compulsion for people with disabilities. However, there is no denying the fact that these animals can create a lot of nuisance in the workplace. This leaves HR managers with the question as to how these animals need to be handled.
Major Issues Confronting Businesses Regarding Service Animals
There are two major issues: How to accommodate the general public and how to accommodate the employees when there are service animals around in the workplace.
It is a fact that most people are immune to seeing animals roaming around. Yet, businesses certainly need to give it a deep thought since these animals can give rise to business liabilities if not handled in the right way.
How To Accommodate General Public
When it comes to the question of accommodating service animals in the presence of the general public, the ADA lays down strict criteria. It stipulates that businesses can accommodate service animals, but not those for emotional support or comfort animals. Moreover, the law stipulates that a service animal can be either a miniature horse or a dog and nothing else.
The act stipulates that the animal must be individually trained to perform tasks that benefit an individual with a physical, psychiatric, sensory, mental or intellectual disability. It also states that the task performed by the animal must be directly related to the disability of its handler.
However, it has not laid down any specific requirement for certification or training. In essence, the handler has to assume a degree of responsibility while bringing a service animal to the business premises. Apart from being in total control of the animal, the handler must also clean up animal litters.
How To Accommodate Employees
Accommodating employees when there are service animals around is more complicated than accommodating the general public. However, in case of accommodating employees, the definition of service animals is not limited to dogs and miniature horses. Animals that offer emotional support and which act as comfort animals are also covered by the act, but only to the extent guaranteed by Title I of the act.
Title I of ADA states that employers need to offer reasonable accommodation to employees suffering from disabilities unless it results in undue hardship to the business or the employer.
The employer has to interact with the concerned employee regarding his or her request for disability accommodation. In the case of non-obvious disability, the employer can ask for documentation to support the claim of the employee. The employer can also request documentation to see that the animal is properly trained.
Dealing With Service Animals At Workplaces
The law at the center of attention that deals with the rights and obligations of service animals are popularly known as the ADA or American with Disabilities Act. It prohibits discrimination in the workplace on the ground of disability. While Title I of the Act deals with workplaces, Titles II and III deal with places of public accommodation.
Apart from the ADA, there are some local and state laws that are more accommodating for service animals. However, these are confined within the boundaries of respective states and areas.
Conclusion
Whether it is the ADA or any local or state law, they apply to almost every private employer. However, certain industries such as airlines and schools may have stricter criteria for accommodating service animals. In their case, the handlers of service animals must comply with additional laws.
