The Truth About Cats and Dogs

Organizations have recently had an onslaught of people bringing animals with them to the workplace while they conduct business and attend meetings. People claim that the animals are "service animals" that perform chores for them, keep them calm, or their doctors say that it is medically necessary.

It's a "sticky paw" to tackle if you oust a pet in the workplace, but who handles the doctor's bills, workers compensation claims, and potential lawsuits from the people who have been bitten or who are allergic to pet hair, saliva, and dander? As much as the majority of us love our pets and would love to bring them with us to work, it is apparent that pets do not belong in the workplace unless these pets are considered "service animals" or "working dogs" (those used by a law enforcement agency for law enforcement purposes).

Under the ADA, a service animal is defined as "Any guide dog, or other animal individually trained to provide assistance to any individual with a disability." If the animals meet this definition, they are considered service animals under the ADA regardless of whether they have been licensed or certified by a state or local government. The law does not recognize emotional support animals, or dogs "in training."

Over 12,000 people with disabilities use the aid of service animals. Service animals perform some of the functions and tasks that the individual with a disability cannot perform for him or herself. Many disabling conditions are invisible. Therefore, every person who is accompanied by a service animal may or may not appear disabled. "Seeing eye dogs" are one type of service animal used by some individuals who are blind, but there are service animals that assist persons with other kinds of disabilities in their day-to-day activities. Some examples include alerting persons with hearing impairments to sounds and pulling a wheelchair or carrying and picking up things for persons with mobility impairments.

Some, but not all, service animals wear special collars, harnesses, and vests. Some, but not all, are licensed or certified and have identification papers. If one is not certain that an animal is a service animal, the law permits some inquiry: "Are you a person with a disability?" and "What task does that animal perform for you?" The service animal must be permitted to accompany the individual with a disability to all areas of our facilities, and an individual with a service animal may not be segregated from other employees.

The animal needs to be leashed and under the owner's control. You may exclude any animal, including a service animal, from your facility when that animal's behavior poses a direct threat to the health or safety of others. Also, the person who is accompanied by the service animal is responsible for its stewardship (behavior, care, and well-being), and must obey animal welfare laws (such as leash, cruelty, or other similar regulations).

A service animal is not a pet.

The following "Service Animal Etiquette" is suggested:

• Do not touch the service animal, or the person it assists, without permission.
• Do not make noises at the service animal; it may district the animal from doing its job.
• Do not feed the service animal; it may disrupt his/her schedule.
• Do not be offended if the person does not feel like discussing his/her disability or the assistance the service animal provides; not everyone wants to be a "walking-talking, show-and-tell" exhibit.

Published in the Summer 2001 Edition of In Brief