127In our recent web log, Businesses & the ADA- Do I Have to Let Service Dogs into My Business? nosotros talked about the requirements that businesses have to adapt customers with service animals under the Americans with Disabilities Act ("ADA"). Hither, we want to explain some of the differences and additional requirements on businesses to adapt employees with service animals. We encourage y'all to read our previous blog first, to get a complete understanding of the ADA requirements regarding service animals.

What are the full general requirements for all-around employees with service animals?

According to Title I of the ADA, employers must provide reasonable accommodations for employees with disabilities. "Reasonable accommodations" tin can include changes or modifications to the piece of work environment, the way a position is performed, and/or the application process. One example of a reasonable accommodation is allowing the employee to bring their service brute to work.

  • Finding the Right Accommodation: Providing reasonable accommodations is an interactive process. The employee will get-go need to request some sort of accommodation. From there, the employer and the employee can work together to figure out what the all-time accommodations would be that the employer can reasonably behave out without "undue hardship" (significant difficulty or expense) or a direct threat to the health or safe of others. It is important to consider the job, the duties that need to be performed, the environment, and several other factors to achieve a fair conclusion. The employer can besides require the employee to show that the service animal would exist effective at reducing the impact of the employee's inability.
  • Making the Workplace "Service Animal Friendly": Occasionally, employers may have to go a stride further to ensure that the employee can comfortably use the service animal at work. For example, it tin can be a reasonable accommodation for an employee to asking that floor mats are put down at work to prevent her service animal from slipping, and failure to exercise and then may violate the ADA. Other times, employers may demand to change the workplace to assist other employees with a fright of dogs or canis familiaris allergies by installing air filters, separating the employees, permitting electronic communications in place of face-to-confront meetings, and things like that.
  • Ensuring "Reasonable Condolement" for Employees: Employers should keep in mind that the employee should be given reasonable accommodations then that they can do their job with reasonable comfort. For example, if an employee confined to a wheelchair can do her task with just the wheelchair, merely having a service animal to recollect objects, open the door, and pull the wheelchair would let her to exercise her job more comfortably (and assistance reduce the impact of her inability), the employer needs to consider allowing her to have a service creature.

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What are the differences betwixt accommodating customers with service animals and employees with service animals?

Unlike Title Three of the ADA, which requires businesses to let service animals in all areas of public access, Title I (which regulates employment) just requires employers to make reasonable accommodations for employees with disabilities. "Reasonable accommodations" vary based on the circumstances and in that location may be more than than one alternative, and so there is no automatic right for an employee to have a service animal at work.

Additionally, while there are limits on what medical exams employers tin require or what medical inquiries employers tin make, they can ask for reasonable documentation regarding the employee'south inability and ask virtually the service fauna's grooming.

Finally, Championship I of the ADA does not define "service beast", then information technology is possible that a service animal in the employment context includes animals other than dogs.

Terminal Notes

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Information technology is very important for employers to understand what the ADA requires employers to exercise to accommodate employees with service animals. It is also important to remember that every business and employment position is different, and these situations tin vary. The rules in a higher place apply merely for employees, and other entities or businesses may have different requirements (for case, housing requirements fall nether the Fair Housing Human activity, and government entities fall nether Title II of the ADA).

See besides:

  • The US Department of Justice's "Oft Asked Questions about Service Animals and the ADA
  • The Americans with Disabilities Act
  • The Americans with Disabilities Human activity Federal Regulations
  • Edwards v. USEPA, 456 F. Supp.2d 72 (D.D.C. 2006).
  • McDonald v. Department of Environmental Quality, 214 P. 3d 749 (Mont. 2009).
  • Branson v. Westward, 1999 WL 1129598 (Due north.D. Ill. East. Div., 1999).