Service dogs are not pets; they are trained working animals that provide support to individuals living with disabilities. As more and more people access their rights under the Americans with Disabilities Act (ADA), schools and workplaces need to understand their legal responsibilities and best practices when it comes to accommodating individuals with service dogs. Educating and informing yourself can make the difference between a supportive environment and a discriminatory one!
Understanding ADA Service Dog Laws
Under the Americans with Disabilities Act, individuals with disabilities have the right to be accompanied by their service dogs in public spaces. These spaces include schools and workplaces.
ADA Service Dog Requirements
- Task-trained – The dog must be trained to perform specific tasks that assist a person with their disability, including covered disabilities such as physical, psychiatric, sensory, or intellectual disabilities.
- No registration required – The ADA does not require service dogs to be officially registered or certified. Asking for documentation is also not allowed under federal law.
- Acceptable questions – If it’s not obvious what a service dog is present for, staff may ask two questions:
- Is the dog a service animal required because of a disability?
- What work or task has the dog been trained to perform?
Accommodating Students with Service Dogs in Schools
Service Dogs at K-12 Schools
Students with service dogs must be allowed to have their dogs accompany them throughout the school day. Schools are prohibited from requiring families to prove service dog registration, pay fees, or present documentation. They are, however, allowed to establish reasonable guidelines, such as making sure the dog is under control at all times and housebroken. These guidelines cannot infringe on access rights. It is highly recommended that all staff be trained on service dog etiquette and understand the legal rights of students with service dogs.
Service Dogs at Colleges and Universities
Post-secondary institutions are also required to comply with the ADA and provide equal access. Service dog teams should never be placed in segregated housing unless it has been specifically requested by the handler. Disability Services offices may coordinate with the student to support their needs, but they cannot demand documentation beyond what is permitted by the ADA.
Accommodating Employees with Service Dogs in the Workplace
Key Information for Employers
- The presence of a service dog may be a reasonable accommodation under the ADA. Reasonable accommodations may include:
- Allowing the dog to accompany the employee at their work station.
- Adjusting the office layout to a reasonable degree.
- Educating co-workers about proper interaction with service animals.
- Employers must engage in an interactive process with the employee to determine how to best support their access needs.
- Employers cannot require service dog registration, certification, or demand excessive documentation.
Best Practices for Human Resources and Management
- Train all staff on ADA service dog laws to avoid accidental discrimination.
- Establish a clear policy that aligns with ADA guidelines. No extra paperwork or registration demands.
- Respect confidentiality. Do not ask individuals about their disability.
- Be flexible and aim to find solutions for team members, especially in shared workspaces or open offices.
Common Misconceptions About Service Dogs
- “We can require a service dog to be registered.” – The ADA does not require or recognize any service dog registration.
- “We can deny access if we have a no-pets policy.” – Service dogs are not pets. They must be permitted even where animals are otherwise prohibited.
- “We can deny access if someone is afraid or allergic.” – Fear or allergies are not an acceptable reason to deny access. Reasonable accommodations must be made for both parties.
Create a Supportive Environment
We recommend that employers and educators create a supportive environment for those with service dogs by promoting awareness through periodic training on disability rights and inclusion. We suggest leading with empathy by developing an understanding that a service dog is about the individual’s independence and well-being. Finally, partner with the individual and speak to them about the support they and their service dog need to be successful.
Service Dog teams are protected under federal law. It is the responsibility of schools and workplaces to understand and comply with these requirements. By respecting ADA service dog laws and removing unnecessary barriers, you are demonstrating a commitment to accessibility, equity, and dignity.
At Justice Speaks, we believe in building a world where every person with a disability feels welcomed and supported.
