By Chad Engle, Loss Prevention and Safety Manager
Members often contact NIRMA to ask about the legalities and risks of allowing animals in the courthouse and other workplace buildings. It is not uncommon for a visitor to try to enter the building with a pet and hope that no one notices, or they may claim that it is an emotional support animal or a service animal. What should we do when this occurs?
If the person’s need for a service animal is visibly obvious, there is no need to ask anything. If the need for the service animal is not clear, you may only ask the following two questions:
- Is the animal required because of a disability?
- What work or task has the animal been trained to perform?
That is the legal limit of exploring the need for a service animal. There is no requirement that the person provide any proof of their disability or the service animal’s method of training. There is no training certification or license.
Emotional support animals, comfort animals, and therapy dogs are not considered service animals under Title II or Title III of the ADA. There is no requirement to allow them into your building under the ADA.
The service animal handler is responsible for the supervision and control of their service animal. If the animal behaves in an unacceptable manner and the handler cannot control the animal, the business does not have to allow the animal onto its premises. A business has the right to deny access to a dog that disrupts the workplace. Uncontrolled barking, jumping on people, or running away from the handler are all examples of unacceptable service animal behavior. Here are some other handler responsibilities according to the ADA:
- The ADA requires that the animal is under the control of the handler. This can be done using a leash, harness or tether. The animal can also be controlled by the handler’s voice, it is not required to be leashed.
- The service animal must be housebroken.
- The ADA does not require covered entities to provide for the care or supervision of a service animal, including cleaning up after the animal.
- The animal should be vaccinated in accordance with state and local laws.
To address the animals in the workplace issue I would recommend that the county or agency develops and adopts a policy stating that only service animals are allowed in the building per the ADA. A sign should be placed at each entrance advising that pets are not allowed but service animals are welcome. For more information on service animals and emotional support animals you may refer to Service Animals and Emotional Support Animals, Where are they allowed and under what conditions?, by Jacquie Brennan, Vin Nguyen (Ed.) of the Southwest ADA Center.
As always, I can be reached at 800.642.6671 or chad@nirma.info.
