Question: Do we need a company policy related to service animals in the workplace? What if someone asks to bring one in?
Answered by the HR Experts: You do not need to have a specific policy on service or support animals for your employees. Under the Americans with Disabilities Act (ADA), private employers with 15 or more employees must provide reasonable accommodation to known physical and mental limitations of qualified applicants and employees with disabilities unless the accommodation would impose an undue hardship on the employer’s business. If a request comes up, rely on your disability accommodation process and engage in the interactive process.
First, determine if the employee has a covered disability as defined by the ADA. The best way to do this is to provide the employee with a medical inquiry form they can have completed by their doctor. This form will help you ascertain what accommodation the employee needs to do their job and whether you, as the employer, can accommodate it or suggest alternatives.
If the employee is not disabled as defined by the ADA, you are not required to allow them to bring an animal to work. But if they provide documentation supporting their need for a service or support animal, you should attempt to accommodate the employee. Note, the ADA is very broad in its definition of a disability, which is why it is recommended you rely on the medical opinion of your employee’s doctor to determine whether or not a disability exists.
When an employee requests permission to bring a service or support animal to work as a reasonable accommodation for a disability, the employer should recognize that the only reasons for denial of this request are the following:
- The employee is not a qualified person with a disability as defined by the ADA, the Rehabilitation Act, or state law;
- The animal does not meet the definition of a service animal in the ADA or other relevant law;
- The presence of the service animal would place an undue burden on the employer; or
- The presence of the service animal would interfere with the employer’s ability to conduct business.
Original content by the Mineral Platform. This information is provided with the understanding that Payroll Partners is not rendering legal, human resources, or other professional advice or service. Professional advice on specific issues should be sought from a lawyer, HR consultant or other professional.
