General Rules Involving Service Dogs and Miniature Horses
The Americans with Disabilities Act (ADA) recognizes two types of Service Animals: Dogs and Miniature Horses. A Service Animal is defined as being, “Individually trained to do work or perform tasks for an individual with a disability”. A service animal is a working animal, which is distinguished from a pet, emotional support animal, or a therapy animal. Common areas of work that service animals are trained to perform involve sight, sound, and other sensory alerts as well as assistance with mobility and general day-to-day activities.
A service Dog or Miniature Horse does not have to have certifications, tags, vests, or other denominations to prove its status. Likewise, an individual does not have to prove that they are a person with a disability. Employees of public entities or privately owned businesses that serve the public are allowed to ask two questions about the status of the animal: 1) Is this a service animal required because of a disability? and 2) What work or task has the animal been trained to perform? A service animal must be permitted to go to all places that its owner is allowed to go.
A service animal’s owner has the responsibility to ensure it is housebroken, stays under control, is not disruptive, destructive, or presents a safety hazard. These ADA accommodations can be lost if the owner can not keep his or her service Dog or Miniature Horse under control.
Housing, Transportation, and Employment
The basic premise of Service Animal law for housing, transportation, and employment is the same as with the ADA.
Housing – The Fair Housing Act provides protections that are broader in scope than in the ADA and can include therapy and emotional support animals with proper medical documentation. A working service animal is not subject to restrictions that generally apply to pets, and a landlord can not charge a pet deposit for a service animal.
Transportation – Documentation of a service animal’s training is not required for it to gain access to buses, taxis, trains, boats, or other modes of transportation open to the general public. The Air Carrier Access Act allows for service animals to accompany their owner in the cabin of the plane, as opposed to being kept as cargo.
Employment – Employers must provide reasonable accommodations to an employee who utilizes a service animal. This includes allowing the employee to use a reasonable amount of time to attend to the service animal’s needs throughout the day. An employer does have the right to obtain documentation that the service animal is necessary in the workplace.
Service Dogs
Credit: America’s VetDogs and Guide Dog Foundation