[Njagdu] New regulations - Service animals

Thu Aug 15 13:05:27 UTC 2013

New Regulations: Service Animals 

Northeast ADA Center 

3 service dogs pictured, 1 black lab and 2 golden labs, all wearing
harnesses.

•Revised Definition of Service Animal under ADA 

•Service Animal Access and Inquiries 

•Differences between ADA and other laws 

pertaining to access issues for service animals 

  what they 

can do, and what legal rights they have 

Revised Definition of Service 

Animal under ADA 

Definition of “Service Animal” Under 

ADA Title II and III New Regulations 

•Service animal is any dog that is individually trained to do 

work or perform tasks for the benefit of an individual 

with a disability, including a physical, sensory, psychiatric, 

intellectual, or other mental disability.” 

•Definition can be found in § 35.104 in Title II and in § 

36.104 in Title III. This definition 

•limits the species of service animals to dogs; 

•makes clear that comfort or emotional support animals are 

not covered; and 

•also makes clear that individuals with physical, sensory, 

cognitive or psychiatric disabilities can use service animals. 

•If they 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. 

•Service animals are not pets. They 

perform some of the functions and tasks 

that the individual with a disability 

cannot perform for him or herself. 

Types of Disabilities Service 

Animals are Used For 

•Physical 

•Visual 

•Hearing 

•Non-visible Disabilities which can include 

cognitive, sensory, and psychiatric 

More specific examples

•Arthritis 

•Ataxiam (poor balance) 

•Autism 

•Blindness or Visual 

Impairments 

•Deafness or Hearing 

Impairments 

•Diabetes 

•Cardio/Pulmonary Disease 

•Cerebral Palsy 

•Parkinson’s Disease 

•Physical mobility issues 

•Muscular Dystrophy 

•Multiple Sclerosis (M.S.) 

•Psychiatric Disabilities 

•Seizure Disorders (Epilepsy) 

•Spina Bifida 

•Spinal Cord/Head Trauma 

•Stroke 

Examples of Tasks Performed

•Assist with way-finding 

•Assist with balance or standing 

•Alert to sound or signal 

•Pull wheelchair 

•Carrying and picking up things 

•Alert to oncoming seizures or asthma attacks 

•Alert to episodes of hypoglycemia 

•Alert to time to take medicine 

Species Limitation 

•Service animals are now limited to one species—

dogs. 

•The definition provides that other animals 

besides dogs, whether wild or domestic, do not 

qualify as service animals. 

•The new rules do not affect coverage of other 

animals under other laws, like the Fair Housing 

Act or Air Carrier Access Act. 

Miniature Horses 

•DOJ considers them exceptions to the 

rule in some cases. 

•Regulations state that reasonable 

modifications may be necessary to 

permit a miniature horse that has been 

individually trained to do work or 

perform tasks. 

•Sections 35.136(c)-(h)’s and 36.30(c)(3)-

(8)’s service dog requirements also 

apply to miniature horses. 

Assessment Factors 

•The type, size, and weight of the horse and 

whether the facility can accommodate those 

features 

•Handler has sufficient control of the horse 

•Horse must be housebroken 

•Whether the horse’s presence in a specific 

facility compromises legitimate safety 

requirements 

Psychiatric Service Animals

•Psychiatric service animals can be trained to perform a 

variety of tasks that assist individuals to detect the onset 

of psychiatric episodes and ameliorate their effects: 

.Reminding the handler to take medicine 

.Assistance due to medication side effects (balance/ 

retrieval due to dizziness, waking handler if heavily asleep) 

.Providing safety checks or room searches 

.Turning on lights for persons with PTSD 

.Interrupting self-mutilation by persons with dissociative 

identity disorders 

.Keeping disoriented individuals from danger 

.Identifying hallucinations 

Other Kinds of Support Animals

Emotional Support Animals: 

.Therapeutic pets usually prescribed by a therapist, psychiatrist, or 

doctor, that help people with emotional difficulties 

.Not trained to do work or tasks 

.Legally, ESAs cannot go into no-pets-allowed places BUT they are 

allowed in no-pets-allowed housing and in the cabins of airplanes 

when accompanied by a note from their handler's doctor 

Therapy Animals: 

.Pets that are typically very gentle and well-mannered and trained to 

behave well in variety of settings 

.“Job" is to bring a higher level of social functioning to people in 

nursing homes, schools, hospitals, hospices, etc. 

.Cannot go into no-pets-allowed places unless they are invited 

Taken from: http://neurotalk.psychcentral.com/showthread.php?t=7204 

Service Animal Access & 

Inquiries 

Image of woman shopping in a wheel chair with a service dog who is helping
her get a box off the shelf.

end image.

Under the ADA

•Title I covers places of employment with 15 or more 

employees 

•Title II covers services and activities of state and 

local government/public entities 

•Title III covers places of public accommodation that 

are private and own, lease, lease to, or operate a 

place of public accommodation; commercial 

facilities; and examinations and courses related to 

applications, licensing, certification, or credentialing 

and private entities primarily engaged in 

transporting people. 

Title I: Employment 

•The ADA covers employers with 15 or more employees, 

including state/local governments. 

•Employer is required to make a “reasonable 

accommodation” to the known disability of a qualified 

applicant or employee if it would not impose an "undue 

hardship" on the operation of the employer's business. 

This could include: 

.Allowing job applicant or employee to have service animal 

with him/her in workplace 

.Allowing employee to take leave to train service animal 

Taken from: www.eeoc.gov 

Undue Hardship

Undue hardship is defined as an action requiring 

significant difficulty or expense when considered 

in light of factors such as an employer's size, 

financial resources, and the nature and structure 

of its operation 

Title II and Title III Entities 

Sections 35.136(c)-(h)’s and § 36.302(c)(3)-(8)’s 

“Reasonable Modification” 

Public places and Private entities 

A public accommodation must reasonably modify 

its policies, practices, or procedures to avoid 

discrimination unless the modification would 

fundamentally alter the nature of the goods, 

services, facilities, privileges, advantages, or 

accommodations it provides 

“Fundamental Alteration” 

•Fundamental Alteration: when a reasonable 

accommodation or modification would change 

the nature of the entity so much that it no 

longer resembles the original nature of the 

business 

•Example: When a service dog barks repeatedly during 

a movie then the animal can be excluded. 

* The handler should still be given the opportunity to 

participate without the animal. 

Some common myths

•“We can’t allow the 

animal in here 

because it violates 

local/state health 

standards”. 

•“Sure we love dogs! 

But we have to 

charge you a pet 

deposit upfront
” 

Training and Identification 

•May be trained by service animal agency, private 

individual/trainer, or the owner/handler themselves 

•May or may not wear special collars or harnesses 

•May or may not be licensed/certified and have 

documentation therefore this can not be required as 

proof that it is a service animal for admittance 

Service Animal Inquiries: 

CAN ASK: 

•“Is this animal required 

because of a disability?” 

•“What work or task has 

this animal been trained 

to perform?” 

CANNOT ASK: 

•“What is your disability?” 

•“Do you have proof or 

identification for the 

animal?” 

•“Can the animal 

demonstrate what it 

does?” 

•Questions if it’s obvious 

the animal is needed for a 

disability 

Always talk to the person with respect, do not 

assume they are trying to get away with something! 

Service Dogs Must be Under Control 

•Must be harnessed, leashed, or tethered unless these 

devices interfere with its work or are not possible due to 

the disability, in which case

•The owner must keep control with voice, signal, or other 

effective means. 

Direct Threat/Health & Safety Risk

•If animal growls at people or acts out of control, it can be 

asked to leave premises. NOTE: it may be their job to 

whine or lightly bark to alert their owner of danger, 

pending seizure, to take medicine, etc. 

•If entity believes the animal poses a direct threat to 

others then it can be denied access BUT risk must be

•Significant and immediately identified 

•Based on objective medical/factual evidence, not fear/opinions 

•Remember- the FDA states that It is NOT a health 

risk/violation for employees to have service animals 

around food! 

Differences Between Laws 

(Fair Housing Act & Air Carrier Access 

Act) 

Air Carrier Access Act 

•DOT defines a service animal as “any guide dog, signal 

dog, or other animal individually trained to provide 

assistance to an individual with a disability.” This includes 

psychiatric service animals. 

•In 2003 they refined the definition to include animals 

that provide emotional support. 

•Animals are allowed to ride with passenger in/under seat 

•Unusual service animals’ access needs to be determined 

case by case and based on health and safety risks 

•Airline cannot charge extra money for the animal 

http://airconsumer.dot.gov/rules/382short.pdf 

Air Carrier Access Act 

Documentation and Inquiries: 

•May verify need for animal, if not obvious (includes asking 

what tasks animal performs) 

•Carriers must permit dog guides or other service animals with 

appropriate identification, or credible verbal assurances, to 

accompany an individual with a disability on a flight. 

•May request specific diagnostic documentation related to 

psychiatric service animals or emotional support animals 48 

hours in advance- documentation should be current, on 

letterhead from licensed MH professional, and states the 

traveler has mental or emotional disability (diagnosis NOT 

needed) 

Fair Housing Act- 1988 Amendments 

Main Differences from ADA: 

•Service animals not limited to dogs 

•Emotional Support Animals may also be allowed 

as a reasonable modification to no pets policy 

Fair Housing Act 

•Fair Housing Act, enforced by HUD, says tenants with 

disabilities are entitled to reasonable accommodations 

“necessary to afford a person with a disability an equal 

opportunity to use and enjoy a dwelling” even if there is a 

“no pets allowed” rule 

•Service Animals and Emotional Support Animals may 

qualify 

•HUD’s position has been that animals necessary as a 

reasonable accommodation in housing do not necessarily 

need to have specialized training. 

•But person with disability may need to “demonstrate the 

need for the accommodation”. 

Questions/Resources 

Additional Resources 

•National ADA Center Fact Sheet on Service Animals, in English and 

Spanish: http://www.northeastada.org/r-factsheets.cfm 

•DOJ’s Revised ADA Requirements: Service Animals: 

http://www.ada.gov/service_animals_2010.htm 

•HUD Notice on Assistance Animals (April, 2013): 

http://portal.hud.gov/hudportal/HUD?src=/press/press_releases_media_

advisories/2013/HUDNo.13-060A 

•Additional Air Carrier Access Act and assistance animals information: 

http://servicedogcentral.org/content/node/62 

•DOJ’s Commonly Asked Questions About Service Animals in Places of 

Business: http://www.ada.gov/qasrvc.htm 

•JAN Publication on Service Animals as Workplace Accommodations: 

http://www.jan.wvu.edu/media/servanim.html 

•JAN Consultants’ Corner: Service Animals and Allergies in the Workplace: 

http://www.jan.wvu.edu/corner/vol02iss01.htm 

Northeast ADA Center 

Employment and Disability Institute 

School of Industrial and Labor Relations 

Cornell University 

201 Dolgen Hall 

Ithaca, NY 14853 

800.949.4232 in NY, NJ, PR and the U.S. VI 

607.255.6686 

northeastada at cornell.edu 

www.northeastada.org 

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