Assistive Animals at Work: Understanding Compliance, Standards, and Accommodations - Allevity

In today’s increasingly inclusive workplaces, assistive animals can play a crucial role in supporting your employees. Their presence introduces important legal and practical considerations for employers, but this may be balanced by the valuable role animals can play in the workplace. We’re here to help you understand compliance requirements, reasonable accommodations standards, and potential benefits to expect when assistive animals are requested in your workplace.

What are “Assistive Animals”?

The term refers to service and emotional support animals, both of which provide support to individuals with disabilities, though in different ways. Service animals are trained to perform tasks related to a person’s disability. Emotional support animals, while offering comfort, are not so trained, and are not recognized under the ADA in the same way.

Federal and State Laws

Should you receive that request to allow Luna, Max, Bella, or Charlie* into your workspace, here’s an idea of where to start navigating the legal requirements:

• Americans with Disabilities Act (ADA): The ADA requires employers accommodate service animals for employees with disabilities unless doing so would cause undue hardship. Emotional support animals, while not covered under the ADA, may still need to be considered under state or local laws.
• State Laws: Some states offer broader protections and may allow both service animals and emotional support animals in workplaces. For example, in California, certain state regulations recognize emotional support animals as potential accommodations.

Employers should familiarize themselves with both federal and state laws to ensure full compliance.The California Chamber of Commerce has a highly recommended service that helps you research laws and statutes—and Allevity HR PEO- and HRO-level clients of course benefit from personal guidance on HR matters, both dog and human.

Reasonable Accommodations and Standards

In all seriousness though, when an employee requests to bring their assistive animal to work, you must engage in an interactive process to assess whether the request constitutes reasonable accommodation. The interactive process involves evaluating whether the presence of the animal is necessary to enable the employee to perform their job functions and whether or not Daisy’s* presence would impose undue burden on the business.

Know that you are allowed to implement minimum standards, ensuring the animal’s presence is safe and non-disruptive. These may include:

1. Behavioral Standards: The animal must remain well-behaved and under control at all times.
2. Cleanliness and Health: The animal should be clean, well-groomed, and up to date on vaccinations.
3. Safety: If any employee has allergies or phobias, employers must consider these concerns and seek alternative solutions when possible.
4. Defined Areas: Establish specific areas where the animal can be during the workday.

Balance the request with your operational needs. If Cooper* disrupts the work environment, causes safety concerns, or results in excessive costs, you may be justified in denying or revoking the request.

For Your Consideration

• Approximately 66% of American households include at least one pet. Americans are devoted to their fur babies.
• Studies in offices, universities, hospitals, and other working locations have shown the presence of animals creates a more pleasant environment, provides comfort—and increases employee commitment and satisfaction. This holds true for employees without pets, and those who do not interact with assistant animals at work at all.**

That being said, not all employees are comfortable with office animals, and may or may not say so.

Best Practices, Whatever You Decide

To ensure a smooth process, follow these best practices:

• Documentation: Keep records of all communications, decisions, and actions taken.
• Clear Policy: Create a written policy outlining the company’s position, how requests will be evaluated, and expectations for animal behavior, should you allow Willow* in the door.
• Training and Communication: Ensure managers and staff know how to handle assistive animal requests and that they know what to expect from the interactive process.

Balancing Inclusion and Compliance

Allowing assistive animals at work is a powerful way to support not only your employees with disabilities, but also all other employees. Understand relevant laws, engage in an interactive process, establish clear policies, and consider the benefits that support animals may bring. You just might create an inclusive and supportive workplace that also remains compliant with the law.

HR Got You Low as a Dog?

Allevity can help with both humans and dogs. Call us at 530-345-2486 to talk about what we offer.

*https://www.akc.org/expert-advice/lifestyle/most-popular-dog-names/

**https://www.shrm.org/topics-tools/news/employee-relations/the-benefits-of-a-pet-friendly-workplace