individuals with disabilities. The ADA requires these businesses to allow people with disabilities to bring their service animals onto business premises in whatever areas customers are generally allowed. The ADA also requires employers who are covered by the ADA (employers with 15 or more employees) to allow an employee who uses a service animal to bring the animal to work. State and local government facilities must allow persons with disabilities to bring their service animals to any facility or program where they generally allow persons without disabilities.
Is the Person Using the Service Animal a "Qualified" Individual with a Disability Under the ADA ? The ADA defines disability as an "Impairment that substantially limits a major life activity; a record of such impairment; or being regarded as having such an impairment." Sometimes, it is obvious that the person with a service animal has a "qualifying" disability, such as a person who is blind who is accompanied by a guide dog. At other times, the disability is not obvious. The ADA generally prohibits covered entities from directly asking a person if they have a disability. In most situations involving service animals, it is not necessary to know any details about the nature of the particular disability. The individual may provide this information voluntarily, if he/she feels it is necessary.
When May Service Animals Be Prohibited? In general, for both businesses and government entities, service animals can be barred from entry in very limited circumstances—when the animal poses a "direct threat" to the health and safety of others. Moreover, says Conway , the threat must be "based on current, objective information, the probability that harm will occur, not the mere possibility, and it can't be based on stereotypes or assumptions. These decisions cannot be based on a blanket policy; the must be made on a case-by-case basis. Businesses, government entities, and employers should modify their policies and procedures to allow service animals to perform in all the places where a person without a disability is allowed to go. Segregation or exclusion (of the person or animal) cannot occur simply because the person uses a service animal except under very narrow circumstances. By their very nature, service animals are well trained and are rarely disruptive.
Examples of places where service animals may lawfully be excluded include: the operating theater in a hospital (the sterile Environment could be threatened) and some areas of the zoo (the presence of another animal could excite or disturb zoo animals, thus causing dangerous reactions and behavior.
A service animal may also be excluded when the presence of the animal fundamentally alters the nature of the business or service being provided. For example, if a service animal barks repeatedly during a movie or a theater performance, it could fundamentally alter the quality of the performance. In this case, if the dog cannot be controlled, it can be removed. The person with a disability must be allowed to return without the animal, if she/he chooses to do so.
Must a Person with a Service Animal Have Proof That the Animal is Certified or Trained? The person with a disability is not required to provide proof or documentation that the animal is a service animal. Many owners do carry ADA documentation with them to educate employers, business owners, or groups that may try to deny them equal access. The ADA does not address specific training requirements or qualifications for service animals. Some states have passed laws and regulations regarding service animal issues, including certification. The law that provides the broadest protection or coverage for the person with the disability is the one that applies. Contact your state's ADA Coordinator for more information or clarification. More information about state laws pertaining to service animals can be found at
Are "Support Animals" or "Comfort Animals" covered by the ADA ? The web casts included a discussion about "support animals" or "comfort animals" for persons with mental or physical disabilities. Conway agreed that in some instances an animal may provide a specific service, such as alerting a person who has an anxiety disorder that she
/he is about to have a panic attack, so that the person can remove themselves from the stressful situation. However, persons who claim that the mere presence of the animal calms them down or provides comfort may not be covered by the ADA "because that animal hasn't been trained to perform a specific task or work on behalf of the individual with a disability," said Conway .
What Questions May Be Asked of a Person Who Has a Service Animal? A business, employer, or state or local government entity covered by the ADA may ask the person accompanied by a service animal these questions: "Is that a service animal?" and "Is that animal required because of a disability?" An entity cannot ask what type of disability the person has. An entity cannot ask for proof of training or certification of the animal or proof of the person's disability. An entity may also ask, "What Tasks Has the Animal Been Trained to Perform?" The web cast participants discussed whether or not this question was intrusive and tended to reveal additional information about the nature of the person's disability, especially for person's with hidden conditions.
