An employee’s request to bring an emotional support animal to work can catch many employers off guard. You probably want to be responsive to the person’s needs. But you also must consider compliance obligations, workplace logistics and the effect on other staff. Before saying yes or no, take a well-informed, case-by-case approach.
ADA impact
You may have heard the term “service animal” and wondered whether emotional support animals qualify as such. When it comes to dogs, the distinction between the two lies in training, according to the American Kennel Club (AKC).
The organization defines a service dog as one that “has been trained to perform a specific task or job directly related to the person’s disability,” as opposed to tasks that are instinctive to the dog without training. The AKC has a separate classification for psychiatric service dogs, which are trained “to detect the beginning of psychiatric episodes and help ease their effects.”
Those distinctions are useful, but they don’t neatly resolve how employers should respond when an employee asks to bring an animal into the workplace. In cases where an employee requests such an accommodation, the Americans with Disabilities Act (ADA) offers guidance on service animals — but only with respect to public accommodations and the provision of services and programs by government agencies. It doesn’t define either service or emotional support animals in the context of private employers.
Factors to consider
Essentially, that means you need to analyze the request under the ADA’s general reasonable accommodation rules. That is, if the request is indeed related to a disability, determine whether it’s “reasonable” based on the individual’s need and your ability to make the accommodation without undue hardship.
Key factors to consider include the nature and operational effect of the accommodation. For example, having an employee support animal on your premises could affect workplace operations and productivity. And some modifications could be costly.
Upon receiving a request, you and the employee “should engage in an informal process to clarify what the individual needs and identify an appropriate, reasonable accommodation,” according to the Equal Employment Opportunity Commission, which primarily enforces the ADA. If the disability or need for the accommodation isn’t obvious, you may request reasonable supporting documentation.
Remember, you aren’t required to provide the exact accommodation that your employee requests. Through an interactive process, you may explore other effective options — particularly if the animal’s presence would create safety risks, disruptions, allergy issues, phobia-related challenges or other significant workplace problems.
Many employers require employees to submit a formal written request to bring an emotional support animal to work. Also consider asking practical questions. Is the animal housebroken, vaccinated and trained for a work environment? Will the animal remain under the employee’s control during the workday? Some employers have even asked employees to demonstrate that an animal can function safely and appropriately in the workplace.
Even when an employee verbally asks for an accommodation, you must make a good-faith effort to address it. Ignoring requests can lead to legal exposure. Formally document all such interactions — including the initial request, subsequent discussions and workplace modifications. But be sure to keep any medical information or disability-related documentation confidential and separate from regular personnel files.
Accommodation specifics
Suppose you receive an accommodation request for an emotional support animal and determine that it’s valid. What might the accommodation look like? You could take steps such as:
- Providing the employee with an enclosed or customized workspace to make room for the animal,
- Limiting the animal’s “territory” to that workspace and perhaps a second area for bathroom breaks,
- Requiring the animal to be well behaved, housebroken and under the employee’s control, and
- Installing special ventilation or air purification to manage the animal’s odor or shedding.
Assuming you do arrive at a workable accommodation, bear in mind that the initial arrangement doesn’t have to be permanent. You may impose a time limit on it, after which you and the employee agree to reconvene and discuss whether both sides still consider the accommodation reasonable, as well as whether further modifications are in order.
Before ending an accommodation — or denying one to begin with — be sure you’ve documented your reasons for doing so and considered alternative arrangements. When in doubt at any stage of the process, consult a qualified employment attorney.
A careful balance
Emotional support animal requests require employers to balance compassion, compliance and practicality. By carefully reviewing and documenting the accommodation process, you can reduce your organization’s risk while supporting a positive, productive work environment. Contact us for help evaluating the financial and operational impact of workplace accommodation requests and working with legal advisors to support informed decision-making.
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