Employment Law Blog

Dogs and Horses and…Alligators? Oh My! How to Handle Service and Support Animals in the Workplace

Recently, a Philadelphia man made news when he and his “emotional support alligator” were denied entrance to the Phillies stadium. That decision may seem obvious, but in recent years, issues surrounding support and service animals have become more complicated, especially in the workplace.

First, it’s important to distinguish between service animals and emotional support animals. Under the ADA, a service animal can be either a dog or a miniature horse, and ONLY a dog or a miniature horse. That animal must be individually trained to work or perform specific tasks that assist an individual with a disability. That individual’s condition can be physical, sensory, psychiatric, intellectual, or otherwise mental, but must meet the criteria of a disability under the ADA.

An emotional support animal (sometimes referred to as an “ESA”), on the other hand, can be any kind of animal (as evidenced by the alligator example above). An emotional support animal is further distinguished from service animals in that there is no special training required for an animal to provide emotional support to an individual, and the work emotional support animals perform does not necessarily have to be connected to a disability. Emotional support animals are not covered by the ADA, which states that “the provision of emotional support, well-being, comfort, or companionship do[es] not constitute work or tasks for the purposes of [the definition of a service animal].”

For employers, this means handling requests on a case-by-case basis while also being consistent about your approach. Don’t prejudge or assume anything about a request made to bring a service animal into the workplace—be sure to get the information you need to make an informed decision and know what documentation you can and can’t request. As with all other accommodations requests, it’s key that employers engage in the interactive process with employees. As far as emotional support animals go, it may make sense to allow them in your workplace—but have a written policy with clear expectations to help you maintain control over what may become a growing menagerie.

If you have any questions about how to handle requests for service and support animals in your workplace, contact McBrayer today.

Jason R. Hollon is a Member of McBrayer law. His law practice primarily focuses in the areas of employment law, employment litigation, civil investigations and estate and trust litigation. He is in the firm's Lexington office and can be reached at jhollon@mcbrayerfirm.com or at (859) 231-8780, ext. 1147.

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This article does not constitute legal advice.