Service Animals and Pets in the Workplace | Practical Law

Service Animals and Pets in the Workplace | Practical Law

A Practice Note describing an employer's obligations when an employee requests to use a service or emotional support animal as an accommodation under the Americans with Disabilities Act (ADA). This Note also addresses common issues facing employers when considering implementing a pet-friendly workplace policy or allowing pets at work. This Note applies to private employers and addresses federal law, but highlights issues where state law may impose different or additional requirements.

Service Animals and Pets in the Workplace

Practical Law Practice Note w-013-5647 (Approx. 31 pages)

Service Animals and Pets in the Workplace

by Practical Law Labor & Employment
MaintainedUSA (National/Federal)
A Practice Note describing an employer's obligations when an employee requests to use a service or emotional support animal as an accommodation under the Americans with Disabilities Act (ADA). This Note also addresses common issues facing employers when considering implementing a pet-friendly workplace policy or allowing pets at work. This Note applies to private employers and addresses federal law, but highlights issues where state law may impose different or additional requirements.
Traditionally, most employers did not allow employees to bring their pets to work, either by policy or practice. However, employers with no-pet policies sometimes face requests from employees to bring their service or emotional support animals to work. These requests are increasingly common as more people routinely attempt to use service, emotional support, and comfort animals in public accommodations. Employers must be mindful of the legal requirements and potential pitfalls when responding to these requests.
Although no federal law directly addresses the use of service or emotional support animals in the employment context, employers may be required to accommodate these requests under the Americans with Disabilities Act (ADA), as amended by the ADA Amendments Act (ADAAA). The ADA is the primary federal law protecting the rights of individuals with a disability (42 U.S.C. §§ 12101 to 12213). In the employment context, the ADA requires that employers:
  • Refrain from discriminating against a qualified individual because of a disability.
  • Provide a reasonable accommodation to individuals with a disability, unless doing so causes an undue hardship.
To determine whether a reasonable accommodation exists, the employer must engage in an interactive process with the employee. Employers that do not properly respond to these requests or engage in the process in good faith may face significant liability.
Employers may have broader obligations to accommodate disabled employees under the Uniformed Services Employment and Reemployment Rights Act (USERRA) or state or local law.
Some employers have opted to create pet-friendly workplaces allowing employees to bring well-trained animals (generally dogs, but sometimes cat or fish) to work without any disability prerequisite. Many startups, technology companies, and businesses that employ large millennial and Gen Z populations have embraced pet-friendly work environments as an integral part of their collaborative and creative workplace cultures. During the business shutdowns caused by the COVID-19 pandemic, pet ownership surged while employees worked from home in record numbers. As employers have been encouraging or requiring a return to the physical workplace, employees' demand for pet-friendly environments is likely to increase, and may become a critical recruiting tool as companies vie for top talent.
While pet-friendly workplaces have been shown to have significant benefits and are increasingly popular, they also present legal and practical challenges for employers, including health and safety concerns, employee wellbeing, and animal welfare.
This Note addresses:
  • The reasonable accommodation framework under:
    • the ADA; and
    • USERRA.
  • Common issues that arise when a disabled employee seeks to bring an animal into a pet-free workplace as an accommodation.
  • Workplace health and safety issues arising under the Occupational Safety and Health Act (OSH Act).
  • Key principles derived from cases addressing service and emotional support animals as a disability accommodation.
  • Guidance for employers seeking to create a pet-friendly workplace for all employees.
For more information on the ADA, reasonable accommodations, and the interactive process generally, see Practice Notes, Disability Accommodation Under the ADA and Interactive Process Under the ADA. For a model accommodations policy, see Standard Document, Disability Accommodations Policy. For information on discrimination under the ADA, see Practice Note, Disability Discrimination Under the ADA. For more on the rights of returning servicemembers under USERRA, see Practice Note, Military Leave Law.

Reasonable Accommodation Framework

ADA Accommodation Requirements

Title I of the ADA requires covered employers to reasonably accommodate qualified individuals with a disability if they can do so without causing an undue hardship on the business (see Practice Note, Disability Accommodation Under the ADA: Employers Covered Under the ADA). A reasonable accommodation is any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities (29 C.F.R. § 1630.2(o)). An undue hardship is a significant difficulty or expense, considering various factors, including:
  • The nature and cost of the accommodation, including tax credits, deductions, and outside funding.
  • The overall financial resources, number of employees, effect on expenses and resources and other impact on the employer's facilities involved in the accommodation.
  • The overall financial resources, business size compared to employee numbers, and the number, type, and location of the employer's facilities overall.
  • The type of business operations, including:
    • the composition, structure, and functions of the work force; and
    • the geographic separateness and administrative or fiscal relationship of the facility involved to the employer.
  • The impact of the accommodation on the operation of the facility involved, including the impact on:
    • the ability of other employees to perform their duties; and
    • the impact on the facility's ability to conduct business.
The first step in addressing an accommodation request requires an employer to determine whether:
  • The employer is covered by the ADA.
  • The individual requesting the accommodation is protected by the ADA. This requires the employer to determine whether the individual is:
    • qualified; and
    • disabled as defined by the ADA.
To be a qualified individual under the ADA, an individual must:
  • Have the skills, experience, education, and other job-related requirements necessary for the position.
  • Be able to perform the essential functions of the job with or without a reasonable accommodation.
For more on these threshold requirements, see Practice Note, Disability Accommodation Under the ADA:
If these requirements are met, the employer must engage in the interactive process. The interactive process is an informal practice in which the employee and the employer determine the precise limitations created by the disability and how best to respond to the need for accommodation (29 C.F.R. § 1630.2(o)(3)). The employee must provide the employer with enough information about the disability to determine whether a reasonable accommodation exists. The employer must then explore potential accommodations that meet the employee's needs, and provide the employee with an appropriate reasonable accommodation, but need not necessarily grant the employee's specific accommodation request if another reasonable alternative is available. Both the employer and the employee must participate in the interactive process in good faith.
Most employees of the US government are covered under Sections 501 and 505 of the Rehabilitation Act (Rehab Act) (29 U.S.C. §§ 791, 794a). The protections under the Rehab Act are mostly the same as the protections under the ADA (29 C.F.R. § 1614.203(b)). For more on the Rehab Act, see Practice Note, Discrimination Under the Rehab Act: Basics.
Employers should be aware that state or local law may have a broader definition of disability or provide more generous employee protections than under the ADA (see, for example, ADA, NYSHRL, and NYCHRL Disability Comparison Chart (NY) and Anti-Discrimination Laws: State Q&A Tool).

USERRA Accommodation Requirements

Under USERRA, employees are entitled to take protected leave from employment to engage in military service, subject to certain conditions. Employers generally are required to reemploy service members on their return from military service, subject to certain conditions. For more on service members' rights under USERRA generally, see Practice Notes, Military Leave Law and Military Service Discrimination Under USERRA.
Employers must make reasonable efforts to accommodate an employee's disabilities that were incurred or aggravated during military service, and help returning employees become qualified to perform the essential duties of their reemployment position (20 C.F.R. §§ 1002.225, 1002.226). Disability under USERRA is not specifically defined, therefore, includes any disabling condition incurred in or aggravated during an employee's period of military service preceding reemployment, regardless of whether the condition substantially limits a major life activity (as is required under the ADA) (38 U.S.C. § 4313(a)(3)). An employer's obligation to reasonably accommodate a returning employee under USERRA therefore may be broader than its obligations under the ADA.
Similar to the ADA, an employer may be required to grant an employee's request to bring a service animal to the workplace as a reasonable accommodation under USERRA unless the employer can demonstrate that the accommodation creates an undue hardship (38 U.S.C. § 4303(10)). Undue hardship under USERRA is an action requiring significant difficulty or expense considered in light of:
  • The nature and cost of the action.
  • The overall financial resources, number of employees, effect on expenses and resources and other impact on the employer's facilities involved.
  • The overall financial resources, business size compared to employee numbers, and the number, type, and location of the employer's facilities.
  • The type of business operations, including:
    • the composition, structure, and functions of the work force; and
    • the geographic separateness and administrative or fiscal relationship of the facility involved to the employer.

Service, Emotional Support, Comfort, and Therapy Animals Under the ADA

Service animals are not specifically addressed in Title I of the ADA. However, service animals are defined in the regulations pertaining to Titles II and III of the ADA, which prohibit disability discrimination by public entities and in public accommodations, respectively. For the purposes of Titles II and III, a service animal is defined as "any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability" (28 C.F.R. §§ 35.104, 36.104). Other animals do not fall within this definition (see, for example, Rose v. Springfield-Greene Cnty. Health Dept., 668 F. Supp. 2d 1206, 1214 (W.D. Mo. 2009) (plaintiff's monkey that provided comfort was not a service animal under the ADA)). However, under Department of Justice (DOJ) rulemaking, public entities covered by Title II and III of the ADA may be required to accommodate miniature horses if they meet certain requirements (28 C.F.R. §§ 35.136(i), 36.302(c)(9)).
The work or tasks performed by a service animal must be directly related to the individual's disability. Service animal tasks do not include:
  • The provision of emotional support and comfort.
  • A dog's mere presence as a crime deterrent.
Some animals are colloquially described as emotional support animals, comfort animals, or therapy animals. These animals may provide therapeutic or companionship benefits to individuals, but they generally are not trained to perform any specific task and therefore do not fall within the ADA's definition of service animal. However, the ADA recognizes the distinction between an emotional support animal and a psychiatric service animal that is trained, for example, to detect if its owner is about to have an anxiety attack and take specific action to avoid the attack or lessen its impact (see DOJ Civil Rights Division: Frequently Asked Questions (FAQs) About Service Animals and the ADA).
Though not directed at employers, the Department of Transportation issued a Final Rule in 2020 which expressly excludes emotional support animals from the definition of service animals (85 Fed. Reg. 79742 (Dec. 10, 2020)). As a result, US airlines no longer are required to accept emotional support animals for in-cabin air travel.
There is no universal accreditation program to have an animal certified or licensed as a service, emotional support, comfort, or therapy animal. Certain websites provide vests, certificates, identification cards, and other documents without requiring that the animal meet any minimum standards of behavior. For example, an employee could get a certificate indicating that a dog is a service dog without providing any proof that the dog is individually trained to do anything.
Importantly, these terms are not legally significant under Title I of the ADA, which applies to private employers, or under Sections 501 or 505 of the Rehab Act, which apply to federal government employers. An employer's obligation to offer reasonable accommodations to qualified, disabled employees applies irrespective of the definition of service animal. Whether an animal meets the Title II or III definition of service animal, or is merely an emotional support, comfort, or therapy animal, does not determine whether allowing an animal in the workplace is a reasonable accommodation for a disabled employee. Similarly, accommodation requests are not limited to dogs or miniature horses and may extend to other species, such as cats, monkeys, or pigs.
An employer therefore cannot refuse a disabled employee's request to use an animal in the workplace solely because the animal does not meet the ADA's inapplicable definition of a service animal under Title II or III. For example, in EEOC v. CRST Int'l, Inc., the Equal Employment Opportunity Commission (EEOC), the agency responsible for enforcing the ADA in the employment context, filed a complaint alleging that an emotional support animal would be a reasonable accommodation for an employee's disability (351 F. Supp. 3d 1163, 1167-68 (N.D. Iowa 2018)); see Employer May Be Required to Allow an Animal).
Conversely, if an employee's animal meets the ADA's definition of a service animal, an employer is not automatically obligated to allow the employee to use it in the workplace. The parties must engage in the interactive process to determine whether allowing the animal is a reasonable accommodation that assists a disabled employee in performing an essential job function (see Employer Not Required to Allow an Animal).
If the employer is a place of public accommodation, such as a hotel or restaurant, it generally must allow disabled individuals to use service animals in the facility under Title III of the ADA (with limited exceptions) (28 C.F.R. § 36.302(c)). While Title III addresses rights of the general public and not employees specifically, in some circumstances it may be more difficult for employers that operate public accommodations to demonstrate that it is an undue hardship to allow employees to bring service animals to the workplace when they otherwise allow service animals for their disabled patrons.

Service and Emotional Support Animals Under State Law

A comprehensive summary of state laws on the issue of service animals as an accommodation is beyond the scope of this Practice Note. However, employers should be aware that the state or states where they operate or employ workers may have more specific statutes or regulations regarding the use of service or emotional support animals in the workplace than their federal counterparts or more broadly define what constitutes a disability.
For example, Maryland regulations provide that waiving a no-pet requirement to allow a disabled employee to use a service animal is an example of a reasonable accommodation (COMAR 14.03.02.05(B)(9)). The New York State Human Rights Law (NYSHRL) prohibits discrimination against a disabled person because the person is accompanied by a dog trained to work or perform specific tasks for the person (N.Y. Exec. Law § 296(14)).
California regulations allow an employer to require an employee requesting an assistive animal to provide:
  • A letter from a health care provider:
    • stating that the employee has a disability; and
    • explaining why the employee requires the animal in the workplace.
  • Confirmation that the animal does not:
    • have offensive odors;
    • exhibit inappropriate habits in the workplace, like urinating; and
    • behave in a way that endangers the health or safety of the employee or coworkers.
Additionally, the California regulations define an assistive animal as an animal that is necessary as a reasonable accommodation for a person with a disability, including:
  • Guide dogs.
  • Signal dogs.
  • Service dogs.
  • Animals individually trained to meet the requirements of a person with a disability.
  • Animals that provide emotional, cognitive, or other similar support.
California law requires any person or business that sells emotional support animals or emotional support animal identification to provide certain information to the consumer. It also restricts physicians' ability to certify an individual's need for an emotional support animal and provides penalties for violations of these provisions. (Cal. Health & Safety Code, §§ 122317 to 122319.5.)
Washington law prohibits employment discrimination against people with disabilities for their use of a trained dog guide or service animal and includes these individuals as a protected class in its anti-discrimination laws (RCW 49.60.030(1) and 49.60.180(1), (2)). Washington law also makes it civil infraction for any person to misrepresent an animal as a service animal, with penalties up to $500 for a violation (RCW 7.80.120(1)(a)). The law defines service animal similarly to the ADA and includes "any dog or miniature horse . . .that is individually trained to do work or perform tasks for the benefit of a person with a disability…" (RCW 49.60.040(25). The work or tasks performed must be directly related to the disability. Like the ADA, the Washington law excludes animals required for:
  • The crime deterrent effects of the animal's presence.
  • Emotional support, wellbeing, comfort, or companionship.
Many other states have laws similarly making it a civil or criminal violation to misrepresent an animal as a service or an emotional support animal, such as Tennessee, Colorado, and Arkansas (T.C.A. § 39-16-304; Colo. Rev. St. Ann § 18-13-107.3; Ark. Code Ann. § 20-14-310).

Workplace Safety Requirements Under the OSH Act

The OSH Act is a comprehensive piece of legislation designed to regulate safety and health in the workplace. The Occupational Safety and Health Administration (OSHA) oversees and enforces the OSH Act by issuing regulations and holding employers responsible for violations through inspections and corrective action.
OSHA does not have any specific standards prohibiting pets in the workplace (OSHA: Standard Interpretation (Mar. 12, 2004)). However, the general duty clause of the OSH Act requires that an employer keep its workplace free of any recognized hazards that are likely to cause death or serious physical harm to its employees (29 U.S.C. § 654(a)(1)).
An employer violates the general duty clause if:
  • The employer fails to keep the workplace free of a hazard to which employees were exposed.
  • The hazard was recognized.
  • The hazard was likely to cause death or serious physical harm.
  • There was a feasible and economically viable way to correct the hazard.
In addition, specific safety standards for general industry as defined in OSHA regulations require that employers:
  • Keep all places of employment, passageways, storerooms, service rooms, and walking-working surfaces in a clean, orderly, and sanitary condition (29 C.F.R. § 1910.22(a)(1)).
  • Inspect walking and working surfaces regularly and correct, repair, or guard against hazardous conditions as needed (29 C.F.R. § 1910.22(d)).
In some cases, the presence of dogs or other animals in the workplace may trigger an employee complaint that the employer has violated the general duty clause or OSHA regulations, for example, by allowing the presence of:
  • Water from dog bowls, urine, or pet toys on a walking surface, creating a slipping hazard.
  • Dogs or leashes on the floor, creating a tripping hazard.
State law may impose different or additional health and safety requirements (see State Occupational Safety and Health Plan Laws Chart: Overview). Employers must keep these standards in mind when responding to accommodation requests or otherwise allowing animals in the workplace.
For more information on OSHA requirements generally, see Practice Note, Health and Safety in the Workplace: Overview: The General Duty Clause.

Animals in the Workplace as a Reasonable Accommodation

The issue of whether an animal is a reasonable accommodation usually arises when a disabled employee makes a request to bring a service or emotional support animal to a workplace that does not otherwise generally allow animals, or does not allow the employee's size or breed of animal. A disabled employee's request to allow an animal in the workplace is treated the same as any other accommodation request (see Cases Addressing Animals as an Accommodation). This Note assumes that the employer is a covered entity and that the employee is a qualified individual with a disability under the ADA. For more on those determinations, see Practice Note, Disability Accommodation Under the ADA.
Responding to a disabled employee's request to use an animal in the workplace requires a fact-intensive analysis. As a critical part of this process, the employer may inquire about and the employee must demonstrate:
  • What essential job functions the employee cannot perform because of the disability.
  • How the animal assists in performing those functions.

Common Uses for Service and Support Animals

Common uses for an animal in the workplace include, but are not limited to:
  • Guiding blind or low-vision employees.
  • Providing signals for deaf or hearing-impaired employees.
  • Soothing employees' anxiety or post-traumatic stress disorder (PTSD) symptoms.
  • Detecting or responding to employees' seizures or anxiety attacks.
  • Aiding employees with mobility by:
    • providing a source of balance and stability;
    • providing a brace for getting into or out of a wheelchair or getting up from a fall;
    • pulling a manual wheelchair;
    • opening doors; or
    • retrieving dropped items.
Given how the COVID-19 pandemic changed the workplace, including the proliferation of hybrid and remote work arrangements, employers should be prepared to respond to an increase in employee requests to bring an emotional support animals or other pet to the workplace, especially if they have changed the requirements for in-person work. This may be due to circumstances spawned by the pandemic, including:
  • Employees' increased experiences with stress, anxiety, loneliness, and depression.
  • An increase in pet ownership, due in part to changed schedules and forced work from home arrangements during the pandemic.
  • Employees' experience bonding with their current pets during prolonged periods of working from home.
Employees who did not previously need or request any accommodation may be entitled to one given the changed circumstances arising from the pandemic. Employers should engage in the interactive process regarding these requests like any other accommodation request (see Responding to Accommodation Requests and the Interactive Process).

Common Objections to Service and Support Animals

Employers may initially object to allowing an animal in the workplace. Common concerns that employers must address include:
  • Coworkers or customers who:
    • have a fear or phobia of a particular animal; or
    • are allergic to a particular animal or type of animal.
  • Health and safety concerns, such as:
    • the spread of zoonotic diseases (diseases people may contract from animals);
    • tripping hazards;
    • animal bites;
    • fleas, ticks, or other pests; or
    • work environments that must be dust- or dirt-free, for example, because of manufacturing processes or product safety requirements.
  • Distraction of others in the workplace.
  • Break time for the employee to tend to the animal and allow for urination and defecation.
  • Animal waste impacting the workplace and surrounding grounds.
  • Physical locations for the animal to be safely walked.
  • Workplace modifications to allow animals and employees to move around safely and work comfortably.
  • Potential liability issues, such as a possible workers' compensation claim by an employee who is injured by another employee's animal in the workplace.
  • Potential insurance coverage for any workplace illnesses or injuries.
Despite these concerns, employers must not rush to judgment or immediately assume that the employee's request cannot be accommodated or is unreasonable. Instead, employers should analyze each request on a case-by-case basis (see Responding to Accommodation Requests and the Interactive Process). For other employer considerations when allowing animals in the workplace generally, see Pet-Friendly Workplaces.

Responding to Accommodation Requests and the Interactive Process

Employees do not have to use specific language to request an accommodation under the ADA. Some employers have implemented formal procedures or use written forms for accommodation requests (see, for example, Standard Document, Request for Accommodation Under the ADA Form). Other times an employee may make a verbal or informal request without referencing a specific disability or the ADA.
Employers generally should treat requests to bring a service or emotional support animal to work as a request for an accommodation. Following the accommodation request, the employer must promptly engage in an interactive process with the employee to determine whether allowing the requested animal is a reasonable accommodation or whether another available accommodation meets the employee's need.
As part of the interactive process, an employer should:
  • Take the request seriously and avoid judging it based on preconceived notions of an animal's capabilities or the employee's needs before investigating the matter.
  • Document the receipt of the request for the accommodation, the employee's representations, and the steps the employer takes throughout the process.
  • Request information from the employee, the employee's medical provider, or other sources, such as an animal trainer, to understand:
    • whether the employee can perform essential job functions without the animal;
    • why the employee needs the animal; and
    • what tasks or functions the animal performs to assist the employee in performing essential job functions.
  • Request documentation if it is not obvious that the employee needs an accommodation or how the animal helps the employee.
  • Seek clarification regarding the animal's abilities or the employee's needs without repeating the same questions if an answer has been provided.
  • Thoroughly investigate the potential problems that an animal in the workplace may create instead of relying on speculation, indirect knowledge, or hypothetical situations.
  • Consider and address different ways of solving the potential problems instead of assuming that the problems prevent the use of the animal.
  • Consider and propose to the employee alternative accommodations if allowing an animal presents problems that will create an undue hardship. Ensure that the alternatives meet all of the employee's needs and do not present the same problems as an animal.
  • Allow the employee to bring the animal or other individuals to an interactive process meeting so that the employee can demonstrate:
    • the animal's abilities;
    • how it assists the employee; and
    • that it will not disrupt the workplace.
  • Re-request information from the employee if the employee fails to provide it rather than assuming that the employee lacks the information or that the employee is causing a breakdown of the interactive process.
  • Make consistent progress toward accepting, rejecting, or discussing alternatives to the requested accommodation instead of allowing the request to languish.
  • Consider allowing the employee to bring the animal to work on a trial basis.
  • Document the final determination when the request is resolved, including any limitations or modifications to the employee's initial request or reasons the request was denied. Although not mandatory under federal law, this documentation may be required under state or local law (for example, N.Y.C. Admin. Code § 8-107(28)(d); see also Practice Note, Employment Law Issues for New York City Employers: Cooperative Dialogue Requirement). For a sample determination form, see Standard Document, Resolution of Request for Accommodation Under the ADA Form.
Examples of possible accommodations include:
  • Allowing the animal in the workplace if the employer has a no-animals policy.
  • Rearranging the work space to:
    • make room for the animal; and
    • minimize distractions for the animal.
  • Rescheduling breaks to allow the employee to care for the animal.
  • Training supervisors, managers, and coworkers on how to treat the service or support animal.
  • Changing schedules and work spaces to protect allergic or fearful coworkers.
While employees typically raise an initial accommodation request with their supervisor or manager, the employer's human resources (HR) department (if it has one) generally gets involved in and often manages any follow-up, including the interactive process. Some employers outsource accommodation requests to third-party providers, such as a professional employer organization (PEO) (for a sample PEO agreement, see Standard Document, PEO Client Service Agreement). However, the employer remains ultimately responsible for ensuring that accommodation requests are handled in compliance with applicable law.
For additional steps an employer should take during the interactive process that do not specifically relate to an animal accommodation, see Practice Notes, Disability Accommodation Under the ADA: Engaging in the Interactive Process and Interactive Process Under the ADA: Steps for Engaging in the Interactive Process.
For more on the scope and determination of employee coverage under the ADA, see Practice Note, Disability Accommodation Under the ADA. For a chart discussing common accommodation requests, see ADA Reasonable Accommodations Chart. For a sample accommodations policy, see Standard Document, Disability Accommodations Policy. For more on disabilities generally, see Employee Disability Toolkit and State Anti-Discrimination Toolkit.

EEOC Guidance on Visual Disabilities in the Workplace

In July 2023, the EEOC issued updated guidance on addressing visual disabilities in the workplace (EEOC Technical Assistance Guidance: Visual Disabilities in the Workplace and the Americans with Disabilities Act (July 26, 2023) (EEOC Guidance)). It includes some specific guidance about the use of service animals for visually impaired employees and applicants, using scenarios to explain what might constitute an ADA violation. Among other things, the EEOC explains that employers may be required to:
  • Waive a no-animal policy. For example, assume a car dealership has a policy prohibiting animals in the showroom for fear the animals might make customers uncomfortable. A blind applicant who is qualified for the job applies for a position as a finance consultant. The job occasionally requires that the consultant meet with clients in the showroom. The applicant requests that the dealership waive the no-animals policy to allow the applicant to bring their guide dog to work. The EEOC states that the dealership must grant this accommodation unless it would result in an undue hardship. (EEOC Guidance, Example H.)
  • Provide additional leave to allow an employee to train a guide dog. For example, assume an employer provides employees with three weeks of annual paid time off. An employee who has suffered vision loss wants to start using a guide dog, which requires that the employee attend a six-week residential guide dog training program. While the employer need not provide additional paid leave (above the three weeks allotted to other employees), the EEOC explains that the employer must provide additional unpaid leave as a reasonable accommodation unless it would result in an undue hardship. (EEOC Guidance, Example K.)
  • Provide reasonable accommodations during the application process. For example, assume an employer invites an impressive candidate for an interview and skills assessment based on their resume. When the applicant requests to bring a guide dog to the interview and test because it is an unfamiliar location, the employer cancels the interview. The EEOC explains that the employer has violated the ADA, and that it should have granted the request and proceeded with the interview unless allowing the guide dog on the premises would have caused an undue hardship. The employer then can inquire further whether the applicant needs any reasonable accommodation to perform the functions of the job. (EEOC Guidance, Example Z.)

Cases Addressing Animals as an Accommodation

Neither Section I of the ADA nor its implementing regulations describe when allowing a service or other animal in the workplace is a reasonable accommodation. Like most accommodation requests, the inquiry is highly fact-specific. The cases addressing animals in the workplace have varying outcomes. However, the cases reveal several guiding principles for employers responding to these employee accommodation requests. For example, an employer:

Employer Not Required to Allow an Animal

Inability to Perform the Essential Functions of the Job

As a threshold matter, employees seeking an accommodation under the ADA must show that they can perform the essential functions of the job either with or without a reasonable accommodation. If there are no reasonable accommodations that would enable this, the employer is relieved of the responsibility to engage in the interactive process.
In Arndt v. Ford Motor Co., a federal district court concluded that an employee failed to prove that having a service dog would have enabled him to perform the essential functions of the job, and therefore the employer was not required to engage in the interactive process. In this case, a manufacturing supervisor sought to bring a service dog to work, including on the factory floor, because he was having issues with his PTSD. The employee claimed that the dog would be trained to:
  • Sense panic attacks.
  • Direct the employee to a quiet place.
  • Keep people at arm's length.
  • Prevent the employee from being startled.
  • Provide comfort and security.
Critically, neither the employee nor his physician told the employer what specific job functions the employee could not perform because of his PTSD or how the service dog would assist him in performing those functions. In fact, the employee repeatedly claimed that he could perform all the necessary tasks of the job. The dog's trainer had no knowledge of the employee's workplace or what problems the employee faced while at work. (Arndt, 247 F. Supp. 3d 832, 852-58 (E.D. Mich. 2017).)

Ability to Perform Essential Functions Without Accommodation

While employers have an obligation to reasonably accommodate qualified individuals with a disability to allow them to perform their essential job functions, some courts have held that employers do not have the same obligation to individuals who can perform their essential job functions without an accommodation. For example, in Batten v. K-VA-T Food Stores, Inc., a federal district court held that an employer was not required to allow an employee to bring a service animal to work as an accommodation, even though:
  • The requested accommodation was reasonable and could have been provided.
  • The requested accommodation did not impose an undue hardship on the employer.
  • The decisionmaker had no problem with the service animal and had no reason to doubt the animal helped the plaintiff with anxiety, isolation, and stability.
The court relied on Eleventh Circuit precedent holding that the employer is under no obligation to provide an accommodation if the employee can perform their essential job functions without one (D'Onofrio v. Costco Wholesale Corp., 964 F.3d 1014 (11th Cir. 2020); but see Hill v. Ass'n for Renewal in Educ., 897 F.3d 232, 239 (D.C. Cir. 2018) (holding that even though plaintiff could perform essential job functions without an accommodation, forcing the plaintiff to work in pain that could be alleviated with a reasonable accommodation violates the ADA)). The Batten court also noted that the employee was responsible for the breakdown in the interactive process by refusing to consider any accommodation other than bringing the service animal to work (Batten, , at *11; see also Sufficiency of the Interactive Process).

Sufficiency of the Interactive Process

The Arndt court also concluded that, even if the service dog would have enabled the employee to perform the essential functions of the job, the employer sufficiently engaged in the interactive process and did not engage in bad faith. The employer:
  • Had never dealt with a request for a service animal before.
  • Assembled a multi-member team of employees who communicated weekly to address the employee's request.
  • Worked on the request for three months from the employee's resubmission of his previously withdrawn request until the employee's resignation.
  • Researched other manufacturing facilities that might have addressed requests for service animals.
  • Toured the manufacturing plant with the regional head of health and safety to obtain suggestions and concerns.
  • Sought information from the employee's psychologist.
  • Gave the employee leave with full pay while it investigated the request.
The employer never actually denied the request. The employer arranged a meeting with the employee to gather information and to get a straight answer to the question of what job functions the employee could not perform without an accommodation. The employee believed that he had already answered this question and resigned. The employer was not required to suggest alternative accommodations while researching the employee's one requested accommodation. (Arndt, 247 F. Supp. 3d at 858-65.)
Similarly, in Maubach v. City of Fairfax, the court found that an employer was not liable under the ADA where the plaintiff employee failed to engage in the interactive process in good faith. The employer had allowed the plaintiff to bring an emotional support dog to work as a 911 dispatcher on a trial basis, but found that the dog imposed a hardship on other employees with allergies, and that the dog's presence caused plaintiff to leave their dispatcher post without proper coverage. The employer presented two alternative accommodations but the plaintiff refused to consider either of them. The court held that the plaintiff was only entitled to a reasonable accommodation, not necessarily the preferred accommodation. (Maubach, , at *5-6 (E.D. Va. Apr. 30, 2018).)
In Conlon v. Costco Wholesale Corp., the plaintiff suffered from travel anxiety and sought approval to allow a service dog at work. The court held that the employer's obligation to engage in the interactive process under Montana state law ended when the plaintiff employee was cleared to return to work without restrictions, even though their physician indicated the employee would benefit from the presence of a service dog. (Conlon, , at *12 (D. Mont. June 9, 2021), aff'd, , at *1 (9th Cir. August 26, 2022), cert. denied, 143 S. Ct. 823 (2023).)

Unreasonableness of Accommodation

In Edwards v. U.S. Environmental Protection Agency, a Rehab Act case, the court concluded that an employee's request to bring a ten-week-old puppy to work to alleviate stress was not a reasonable accommodation. There was no evidence that bringing a young, untrained puppy to work would have effectively addressed the employee's stress and difficulty walking. The medical opinion that the employee submitted:
  • Explicitly refused to predict whether the dog would solve the employee's problems.
  • Indicated that the use of the puppy would have been experimental.
  • Closed by saying, "I would say 'go for it!' It certainly cannot hurt."
The court was unwilling to allow an untrained animal as a reasonable accommodation for stress caused by disabilities simply because the animal may have made the employee feel better. (Edwards, 456 F. Supp. 2d 72, 97-102 (D.D.C. 2006).)
Similarly, in Schultz v. Alticor/Amway Corp., the court concluded that a service dog was not a reasonable accommodation for an employee experiencing hearing loss and mobility issues. The employee's job required the employee to work at an easel or a desk with minimal contact with other employees. The employee admitted that having the dog in the workplace would not be particularly useful because he did not drop things often enough to require the dog to pick them up. The employee could not list any job function that required the use of the service dog. (Schultz, 177 F. Supp. 2d 674, 677-79 (W.D. Mich. 2001).)

Benefits and Privileges of Employment

In Hopman v. Union Pacific Railroad, the court concluded that the employer did not violate the ADA by denying an employee's request to bring a trained service dog to work. It was undisputed that the employee was a qualified individual with a disability who suffered from post-traumatic stress disorder (PTSD) and sought the accommodation to reduce stress and the impact of migraines, but the employee was able to perform the essential functions of the job without an accommodation.
The employer denied the request because the service animal, a Rottweiler, would result in a direct threat to the health and safety of employees because:
  • The railroad environment is constantly shifting and changing. It was unclear how a service dog would adapt to moving box cars, locomotives, and loud and dangerous conditions.
  • An unmonitored service dog may pose a risk to coworkers when the employee is performing their essential duties.
The employer offered the employee alternative accommodations and had subsequently promoted the employee during the litigation.
The appellate court noted this was not a "job performance accommodation" claim because the employee could perform the essential job functions without the requested accommodation. The question therefore was whether the employer discriminated against a disabled person regarding the "benefits and privileges of employment" (42 U.S.C. § 12112(a)). It agreed with the district court that "benefits and privileges of employment":
  • Refer only to employer-provided services.
  • Must be offered to non-disabled employees in addition to disabled employees.
  • Does not include freedom from mental or psychological pain.
The appellate court referenced the EEOC interpretative guidance noting that "[e]quipment or devices that assist a person in daily activities on and off the job are considered personal items that an employer is not required to provide" (EEOC: A Technical Assistance Manual on the Employment Provisions (Title I) of the Americans with Disabilities Act, § 3.4). The appellate court concluded allowing a service dog at work so that a disabled employee has the same assistance the service dog provides away from work is not a cognizable "benefit or privilege of employment." (68 F.4th 394, 401 (8th Cir. 2023), cert. denied 144 S. Ct. 1003 (2024).)

Direct Threat to the Health and Safety of Others

In Bennett v. Hurley Medical Center, the court concluded that a student intern's request to bring a service dog to work was not a reasonable accommodation. The student participated in a clinical nursing rotation at the medical center. It initially granted the student's request for accommodation to allow the service dog to accompany the student throughout the rotation. However, after the service dog caused severe dog-allergy reactions in a patient and a staff member on the floor where the student worked, the medical center withdrew its accommodation. The floor included patients with very serious medical issues. In granting summary judgment for medical center, the court found no reasonable jury could dispute that the medical center:
  • Conducted an individualized assessment.
  • Reasonably concluded that the service dog that would accompany the student to every patient on the rounds with doctors and nurses would be a direct threat to the health and safety of all the patients and staff.
  • Did not obstruct the interactive process and remained open to continued conversations about possible accommodations.
(, at *13 (E.D. Mich. January 19, 2023).) The Sixth Circuit affirmed the district court's decision (Bennett v. Hurley Med. Ctr., 86 F.4th 314 (6th Cir. 2023)).

Employer May Be Required to Allow an Animal

Because of the fact-specific nature of the reasonable accommodation issue, employers face an uphill battle on summary judgment motions. Although many summary judgment denials do not ultimately determine whether an employer is required to allow an animal at work, they highlight some issues that often influence the court's analysis.
For example, in Clark v. School District Five, the court concluded that fact issues precluded summary judgment for the employer. The employee's pet Chihuahua initially accompanied the employee to the school for two school years as part of a program that used therapy dogs to assist special needs children. The school announced that it would no longer allow dogs after a location change. The employee told the employer that she needed her dog as a service dog to help with her PTSD, and the employer gave inconsistent reasons why her dog would not be allowed. The employee had trained the dog to:
  • Respond to and interrupt anxiety and panic attack symptoms.
  • Provide pressure to the employee's chest.
  • Act as a barrier between the employee and others.
The employee arguably needed an accommodation because she still experienced anxiety, weight loss, and panic attacks even after being excused from monitoring and attending events with large crowds. The employee's psychiatrist recommended her use of the dog and stated that a weighted vest would be insufficient to address the employee's symptoms. The dog had been in the employee's classroom for two years as a therapy dog, during which time the employee did not suffer a panic attack and there were no reports of the dog causing problems. The court found that there were material issues of fact regarding, among other things, whether:
  • The employee could perform the essential functions of her job without an accommodation.
  • The employee caused a breakdown in the interactive process by refusing to see an independent psychologist, where the employee responded to the request by providing a letter from her psychiatrist and the employer never renewed its request.
  • The employer failed to engage in the interactive process, and whether the employee's requested accommodation was the only reasonable accommodation.
(Clark, 247 F. Supp. 3d 734, 749-51 (D.S.C. Mar. 29, 2017) (rejecting magistrate's report and recommendation that summary judgment be granted).)
In EEOC v. CRST Int'l, Inc., the district court denied the parties' cross-motions for summary judgment. The EEOC filed a complaint on behalf of a truck driver who requested to have an emotional support dog accompany him on his trucking routes as an accommodation for his PTSD. The company claimed it had a no pet policy and ultimately rescinded the employment offer. The court found issues of fact precluded summary judgment for either party on the plaintiff's ADA claims for discrimination, interference, and retaliation. (351 F. Supp. 3d at 1182-82). The EEOC has since reported that it has entered into a negotiated settlement that requires the company to provide the applicant with back pay and compensatory damages totaling $47,500, and other nonmonetary remedies (EEOC Press Release, March 6, 2019).
In Miranda v. Schlumberger Technology Corp., the court found genuine issues of fact about whether:
  • The employee's request for a service animal was reasonable.
  • The employer engaged in the interactive process.
The employee sought to bring a service dog to work to help with the employee's PTSD. The employee provided an accommodation form completed by a physician. The employer requested a form completed by a medical provider that was treating the employee for PTSD. The employee did not provide another form until after the employer denied his request and did not tell his employer that two physicians denied his request to complete the form. The employer eventually granted the request after the EEOC determined that the employee was denied a reasonable accommodation.
The court could not determine on summary judgment motions whether the initial accommodation form was sufficient to require the employer to follow up with any doctors or discuss alternatives with the employee. The court also could not determine whether the employee contributed to the delay in granting the accommodation by failing to obtain a form filled out by the person treating his PTSD. (Miranda, , at *4-6 (W.D. Tex. Nov. 24, 2014).)
In Howard v. City of Sedalia, Missouri, the district court similarly denied the defendant's motion for summary judgment on plaintiff pharmacist's failure to accommodate claims. The court found that sufficient fact questions regarding "the entire interactive process between Plaintiff and Defendant, including both parties' participation in the discussions of Plaintiff's request to bring a service dog into the pharmacy" needed to be resolved by a jury. (Howard, (W.D. Mo. Apr. 22, 2022) (on appeal); see also Schroeder v. AT&T Mobility Servs., Inc., 568 F. Supp. 3d 889 (M.D. Tenn. 2021) (finding issues of fact about whether plaintiff's accommodation requests regarding his service animal travelling with him were reasonable and whether the defendant sufficiently engaged in the interactive process).)
In Assaturian v. Hertz Corp., a case applying state law analogous to the ADA, the court denied the employer's summary judgment motion because there were disputes of fact about whether:
  • The employee's request to bring their Shih Tzu to work was a reasonable accommodation.
  • The employer engaged in the interactive process.
The employee claimed that the dog helped control the employee's emotions and anger. Coworkers noted that the dog was kept off-leash and urinated on the workplace floor. The court noted that the employee had ordered a service animal card, but when the employer asked for documentation the employee did not provide the card or other documents from medical providers. Despite the employee's lack of response, the court held that disputes of fact remained about who was responsible for the breakdown in the interactive process, for example, whether the employer could have followed up with the employee about documents or inquired about alternative accommodations. (Assaturian, , at *8-10 (D. Haw. Sept. 2, 2014).)
In Baker v. Dupnik, fact issues similarly precluded summary judgment for the employer. An emergency call center employee requested to use a service dog. The employee had multiple surgeries on her left knee and she sought to use a service dog that could brace for her and retrieve items. There was evidence that, before an interactive process meeting, the employer had already decided to deny the request. The employer:
  • Did little or no research on how the service dog would help the employee.
  • Viewed the accommodation request as one to prevent falling, whereas the employee framed it as an accommodation for mobility.
  • Refused to permit the service dog or the executive director of the organization that trained the dog to attend the meeting.
  • Did not investigate claimed problems with allowing the service dog, such as whether the dog would require a change in the cleaning schedule, distract or scare other employees, or be a tripping hazard.
  • Did not talk to the coworker that the employer believed had a dog allergy, and who later stated that any allergen issues could have been prevented by avoiding contact with the dog.
  • Did not consider the possibility of staggering the employee's and allergic coworker's schedules to prevent any allergen issues.
The court found that there were issues of fact about whether the employer's proposed alternatives to "alleviate" the employee's concerns, after denying her request to use a service animal, were sufficient. The employer proposed giving the employee the most ideally located work station, rearranging other necessities around the work station, giving the employee a tool to pick up items, and allowing the employee to use crutches or a cane. The alternatives limited the employee's mobility, rather than allowing her to move around as needed like other employees, and the prolonged use of crutches could have prevented muscle development and caused upper-body pain. (Baker, , at *27-34 (D. Ariz. Mar. 31, 2011).)
On July 1, 2022, the EEOC filed suit against Hobby Lobby, Inc. in federal district court, alleging that Hobby Lobby violated the ADA by denying a cashier's request to use a trained service dog at its store and then firing her because of her disabilities (E.E.O.C. v. Hobby Lobby, Inc., Case No. 2:22-cv-02258-TC-TJJ (D. Kan. July 1, 2022) (complaint)). According to the complaint, the employer denied the request because of safety concerns, specifically because "someone could be allergic to the dog, someone might trip over the dog, or the dog might break something." The EEOC also alleged that Hobby Lobby allowed customers to bring service dogs and other dogs into the store. Hobby Lobby agreed to a three-year consent decree requiring Hobby Lobby to:
  • Pay $50,000 in monetary damages to the former employee.
  • Adopt and maintain policies, enact procedures, and provide training to ensure future compliance with the ADA.
  • Amend its policies to state service animals may be considered reasonable accommodations.
  • Notify employees of their right to reasonable accommodations under the ADA.
  • Report periodically to the EEOC.

Animal Is a Reasonable Accommodation

In Branson v. West, a case arising under the Rehab Act, the court found that a physician's request for a service animal was a reasonable accommodation and that the employer failed to sufficiently engage in the interactive process to arrive at a reasonable accommodation. The employee suffered a spinal cord injury that required her to use a wheelchair. She sought to use a service dog after developing overuse symptoms in her upper body. The dog was trained to pull her manual wheelchair, pick up and retrieve items, and provide a brace for transferring out of the wheelchair. The manual chair provided more independence than a power chair would have, and, because the employee purchased the service dog, the employer did not need to expend any money to accommodate the employee.
The employer engaged in a process that lasted for a year and a half without any progress before denying the employee's request. The employer also sent multiple requests for information, and refused to accept the employee's and their physician's responses. Notably, the court refused to hold as a matter of law, without consideration of the facts, that all disabled employees are permitted to be accompanied by service dogs in federal facilities. (, at *10-15 (N.D. Ill. May 11, 1999).)
In a later opinion, the Branson court granted a permanent injunction allowing the employee to use the service dog at work. The court rejected the employer's testimony that a service dog would present problems with elevators and patients with animal allergies or phobias. The witnesses did not measure the space a service dog and its owner would require, and a dog pulling a wheelchair would not take up more space than two people side-by-side. The hospital also allowed guide dogs for sight-impaired people in the facilities, and could ask patients about allergies and fears during the intake process. The court concluded that a power chair and a full-time assistant were inadequate alternatives to an injunction allowing the use of the service dog. (Branson v. West, , at *11-13 (N.D. Ill. Dec. 10, 1999).)

Employer Reasonably Accommodated Request

In Moore v. Pet Supermarket, Inc., a case applying state law analogous to the ADA, the court concluded that the employer fully accommodated the employee's claimed need for a seizure alert service dog, even though the employee did not inform the employer of the need for the dog before beginning employment. The employer:
  • Allowed the employee to have the service dog throughout his employment.
  • Provided a bed for the dog.
  • Granted periodic breaks for the dog to relieve itself.
  • Did not limit the employee's employment.
The employee told the supervisor that they did not need any additional accommodations. The court also noted that, even if the employer subsequently discriminated against the employee because of their disability, it fully accommodated the employee and engaged in the interactive process. (, at *6-8 (E.D. Cal. Nov. 21, 2014).)
In Bonnette v. Shinseki, another case arising under the Rehab Act, the court concluded that the Department of Veterans Affairs (VA) reasonably accommodated a blind employee's need for a service dog. The VA:
  • Allowed the dog to accompany the employee to work.
  • Arranged for more frequent vacuuming because of coworkers' allergies.
  • Paid $800 for a special air filter to address the allergies.
  • Addressed mistreatment from the employee's coworkers regarding the dog.
The employee's supervisor once requested that the employee "take the dog further away from the building to a highly trafficked area to allow the dog to relieve itself." The court characterized this as "a single incident of insensitivity," and held that the numerous other steps were adequate accommodations. (907 F. Supp. 2d 54, 79 (D.D.C. 2012).)

Discovery Issues Regarding Accommodation Requests

In Meyer v. City of Chehalis, a federal district court considered the novel question of whether the court could order "inspection" of the plaintiff's current service animal. While the court concluded that it had the authority to do so under FRCP 34(a) (as an inspection of a "tangible thing"), it declined to do so in this case because the inspection was not "relevant and proportional to the needs of the case." The plaintiff's current service animal was not the same one used at the time the employer denied the plaintiff's accommodation request. The relevant inquiry was whether allowing the animal would have posed an undue hardship on the employer and examining the plaintiff's current dog was irrelevant to answering that question. (Meyer, , at *2-3 (W.D. Wash. June 23, 2023).)

Other Noteworthy Cases

While not directly addressing requests to bring a service animal as an accommodation, several other cases are instructive about issues that may arise when animals come to work.
For example, an employer may be required to modify a workplace to ensure a service animal can perform tasks for the employee. One court required an employer to install nonskid floor coverings in a workplace with slippery floors that made it difficult for a service animal to walk. The court reasoned that the accommodation was for the employee, not for the service animal, much like an employer's need to install a ramp or widen a door. (McDonald v. Dep't of Envtl. Quality, 214 P.3d 749, 761 (Mont. 2009).)
An employer is not required to accommodate an employee's fear of animals where doing so requires the employer to violate other state and federal laws. For example, in Ahmad v. Department of Transportation, a taxicab driver with a fear of dogs was terminated after refusing to pick up a passenger at the airport who had a service dog. The employee alleged discrimination and failure to accommodate the employee's disability (dog phobia) under Connecticut state law. The court found that there was no reasonable accommodation for the employee's fear that would have allowed the driver to perform the essential functions of the job. Because drivers were required by state and federal regulations to pick up individuals with service dogs, providing transportation to people with service animals was an essential function of the job. (, at *2-6 (Conn. Super. Ct. Feb. 6, 2015).)

Pet-Friendly Workplaces

Some employers take another approach to animals at work and allow employees to bring their pets to work regardless of an employee's disability or request for an accommodation. A pet-friendly workplace policy generally alleviates the need to provide an accommodation or engage in the interactive process if a disabled employee wishes to bring a service or emotional support animal to work.
The need for pet-friendly workplace policies may be greater than ever post-pandemic. According to at least one reported study, 11.38 million households got new pets during the pandemic (Human Animal Bond Research Institute: Pet Friendly Workplaces in the Post-COVID World (June 21, 2021)). Companies encouraging or requiring employees to return to the physical workplace may want to revisit their approach to allowing pets at work.

Benefits of a Pet-Friendly Workplace

Owning a pet can have positive health benefits, including:
  • Lower blood pressure.
  • Lower cholesterol levels.
  • Lower triglyceride levels.
  • Decreased feelings of loneliness.
  • More opportunities for exercise and outdoor activities.
  • More opportunities for socialization.
Studies have shown that these benefits can extend to the workplace, and that employees who bring dogs to work may experience benefits such as:
  • Reduced stress.
  • More relaxation.
  • Improved performance.
  • Positive social interactions at work.
  • Increased communication with other employees.
  • A better mood.
Employers also may benefit because allowing animals in the workplace may:
  • Help employees maintain a healthy work-life balance.
  • Serve as a recruiting tool and an added benefit to entice and retain talented employees, particularly for companies hiring millennial employees and startup companies competing for a limited talent pool.
  • Encourage employees to take healthy walking breaks instead of sedentary breaks.
  • Reduce employee absenteeism and increase productivity, because employees no longer need to leave work at various times to go home to walk or care for a dog.
  • Create a distinct dog-friendly (or pet-friendly) culture and foster a sense of community among animal-loving employees.
  • Reduce employee costs of doggy day care or dog walkers.
  • Improve customers' perception of the employer.
  • Improve overall employee morale.

Potential Issues with a Pet-Friendly Workplace

Allowing a pet-friendly workplace is not a universal remedy for disability accommodation requests involving animals. A pet-friendly workplace likely will have some limitations, and an employer may still need to address possible accommodation requests. For example, a disabled employee may need an accommodation if the employer:
  • Has a dog-friendly workplace, and the employee asks to bring a cat or a snake to work as an emotional support animal.
  • Restricts pets to particular locations within the workplace, but the employee regularly works outside those locations.
  • Limits the size or breed of the dogs it allows, and the employee has a nonconforming dog.
Employees with allergies to animals may claim that an employer should accommodate their allergy as a disability, though allergies may not always qualify as a disability (see, for example, Gallagher v. Sunrise Assisted Living of Haverford, 268 F. Supp. 2d 436, 440-42 (E.D. Pa. 2003) (dismissing employee's claim because the employee's allergies did not qualify as a disability under the ADA, though the case was decided before passage of the ADAAA, which broadened the definition of disability); Friedman v. St. John Health, , at *4-5 (E.D. Mich. Sept. 29, 2006) (question of fact existed regarding whether plaintiff's nut allergy was sufficiently severe to qualify as a disability under the ADA)).
To reduce the risk of discrimination claims, as with any policy employers must consistently apply the pet policy and any exceptions to all employees. Employers also must be sure that allowing pets at work does not create a workplace hazard under the OSH Act or its regulations (see Workplace Safety Requirements Under the OSH Act).
Other practical problems may arise when implementing a pet-friendly workplace. Before allowing pets to be brought into the workplace by employees, the employer should consider:
  • Physical location issues. An employer should determine:
    • whether the building lease or any other agreements prohibit animals on the premises;
    • how many animals the workplace can accommodate, both indoors and outdoors;
    • whether the workplace can be arranged to allow animals to be located comfortably next to their owners, avoid confrontation between animals, avoid distractions, and allow animal-free areas if necessary for business reasons, health reasons, or for certain employees to feel comfortable;
    • whether any expensive equipment or furniture may be damaged by an animal; and
    • whether allowing animals dramatically increases operating expenses, such as the cost of daily cleaning, landscaping, air filtration, repairs, general maintenance of facilities, or insurance.
  • Employee attitude issues. An employer should use some method, such as a survey, focus group, or pet attitude questionnaire, to determine:
    • whether any employees are bothered by certain animals because of allergies, fears, phobias, dislike, sensitivity to smells or noises, or culture;
    • how the employer will address any failures by employees (especially supervisors and managers) to adequately supervise or clean up after their animals; and
    • how to obtain honest feedback from employees who may fear negative repercussions from coworkers if they do not like animals in the workplace.
  • Animal issues. An employer should decide:
    • which types of animals are allowed;
    • whether there are limits on which size or breeds of dog are allowed;
    • the minimum requirements for animals' health and vaccinations and whether to require veterinary records; and
    • how well-trained the animals must be, and whether a certain type of legitimate certification of good behavior is required, such as the American Kennel Club's Canine Good Citizen (CGC) certification.

Implementing a Pet-Friendly Workplace Policy

An employer seeking to create a pet-friendly workplace may prevent common problems by implementing a written policy and enforcing it in a fair and nondiscriminatory manner. There is no one-size-fits-all approach and employers should craft a policy that makes sense for their physical workspaces and employee populations. In any policy (whether written or informal), employers should consider:
  • Limiting:
    • the types of animals allowed in the workplace (such as dogs only, or dogs, cats, and fish);
    • the size or breeds of animals allowed;
    • the number of animals each employee may bring in per day;
    • the total number of animals that may be brought into the workplace as a whole, if necessary due to space constraints; or
    • the times during which, or places where, pets may be present or excluded, as business or client needs may require.
  • Requiring an employee to:
    • obtain the approval of the employee's manager and nearby coworkers before allowing the employee to bring in an animal;
    • register details about any animal the employee plans to bring to work; or
    • clean up the animal's waste while in the workplace, whether outdoors or indoors.
  • Requiring that an employee's animal brought in the workplace be:
    • well-behaved, housebroken, vaccinated, parasite-free, and healthy, and whether the employer requires proof from a veterinarian or trainer of some or all of these requirements; or
    • confined or on a leash under the supervision of the employee or a coworker at all times.
  • Prohibiting long leashes and requiring that toys, dishes, and beds be located in specific areas to avoid tripping hazards.
  • Pet-proofing the physical office space, such as incorporating gated cubicles or hiding electrical cords.
  • Establishing other desired pet and pet owner etiquette guidelines, such as a disciplinary policy with a three-strike policy for minor infractions and zero-tolerance policy for biting or other more serious issues.
  • Creating a pet-free zone in the workplace, for example, to provide a safe place for employees who are:
    • not pet people;
    • animal-phobic; or
    • allergic to animals or a specific animal type.
  • Establishing and communicating a policy for voicing complaints about a pet's or employee's conduct and a procedure for addressing those complaints. This may entail a multi-step process, such as:
    • talking to the pet owner about the problem to try to resolve the issue informally;
    • reporting the issue to the pet owner's supervisor;
    • consulting with HR if the issue has not been resolved; and
    • filing a formal written complaint.
  • Establishing procedures for handling conflicts between pets that otherwise meet policy requirements but cannot get along with another animal. Employers should consider:
    • moving workspaces to separate the animals;
    • devising a rotating schedule so that the animals are not in the workplace at the same time; or
    • banning the instigating animal from the workplace, if it can determine the instigator.
  • Creating and communicating a policy that prohibits animal abuse in the workplace, so that if an employee abuses any animal (whether belonging to that employee or another individual) the employer can discipline the employee to protect the animal's welfare.
  • Clearly communicating that bringing a pet to work is a privilege, not a right (except for any disabled employees who may be entitled to bring a pet as an accommodation), and that the employer can revoke the privilege at any time if the pet interferes with workplace health, safety, or productivity.
  • Requiring employees to sign a representation about their pets' physical condition and waivers of liability for anything that happens to their pet in the workplace and acknowledge that they are responsible as pet owners for any personal or property damage their pets cause.
  • Periodically assessing employee satisfaction and concerns with the policy to avoid problems festering too long.
Sometimes employers go beyond merely allowing pets in the workplace, and affirmatively tout their pet-friendly policies as an integral part of their corporate culture (see, for example, Amazon News: Meet Some of the Cutest Dogs at Amazon (April 2024) (noting the 10,000 dogs registered to come to work at Amazon as part of their Woof From Office (WFO) policy)). Some employers participate in corporate leadership summits designed to allow collaboration among top executives about pet-friendly cultures and best practices (see Best Pet Workplaces: Summits). Other employers may offer generous pet-friendly amenities and benefits (some of which may apply to all pets) to encourage employees to bring their pets to work or to show support for their employees as pet owners, such as providing:
  • Dog treats at reception.
  • Plastic bags and disposal containers in areas where employees walk their dogs.
  • Separate dog-sized water fountains.
  • Pet washing stations, spas, or other grooming facilities.
  • Onsite kennels (doggy daycare).
  • Dog parks and "barking" lots or "pooch play" areas.
  • Dog owner play groups.
  • Pet training.
  • Pet walkers and pet sitters.
  • Financial assistance to employees that adopt a rescue animal from a shelter.
  • Pet insurance (either as part of an employee benefit plan or as a reimbursable benefit up to a certain amount).
  • Wellness checkups for pets.
  • Paid or unpaid leave for reasons such as: