Service dogs are in high demand, not only in New Jersey, but across the country. Individuals with qualifying conditions rely on these animals to assist them in places of public accommodation, such as airports, hotels, stores and restaurants, and also in the workplace. As the number of service animals has increased, so have the laws governing them.

The Americans with Disabilities Act (ADA) and the New Jersey Law Against Discrimination (NJLAD) specifically permit access to service animals in all places of public accommodation. In the employment context, both the ADA and NJLAD confirm that service animals are considered reasonable accommodations for employees. There are, however, distinct procedures delineating how best to respond to a service animal request from a customer in a public accommodation setting versus from an employee in a workplace context. This article provides guidance under the two separate procedures.

Service Animal Requests in the Public Accommodation Context

The first step is to determine if the animal is actually a service animal under the legal definition. In the public accommodation context, the ADA defines a service animal as a dog or miniature horse that is individually trained to do work or perform tasks for an individual with a disability. Service animals under the ADA do not include other species such as cats, birds, etc.