Have some questions about a new employee’s emotional support pig? Not sure whether the office Chihuahua qualifies as a service animal? Well, according to Allan Weitzman and Laura Fant of Proskauer Rose, the U.S. Department of Justice has released a new technical assistance document to address frequently asked questions about service animals and the Americans with Disabilities Act.
Here are some takeaways from the DOJ guidance:
- The definition of a service animal: “Under the ADA, a service animal is defined as a dog that has been individually trained to do work or perform tasks for an individual with a disability.” So unless the teacup pig is barking out memos, it likely won’t qualify.
- Emotional support, therapy and comfort animals: “These terms are used to describe animals that provide comfort just by being with a person. Because they have not been trained to perform a specific job or task, they do not qualify as service animals under the ADA,” states the FAQ. It goes on to note that some states have laws allowing emotional support animals in public places.
- What can be questioned: According to the DOJ, the only two questions that can be asked when it’s not obvious whether or not a dog is a service animal are the following: (1) Is the dog a service animal required because of a disability? and (2) What work or task has the dog been trained to perform? Employers are not allowed to request documentation for the dog or ask to demonstrate its ability to do a task.
