Q&A: Must employers accommodate a service animal that bites?
Question
One of our employees has a service dog that recently bit another employee. Do we still need to make reasonable accommodations for this person’s service dog? Also, are support animals not covered under Americans with Disabilities Act?
Answer
Under Title I of the ADA, which covers employment, employers are required to provide a reasonable accommodation for an employee’s disability that will enable the employee to perform essential job functions unless the accommodation creates an undue hardship on the employer’s business. While an employee’s service animal may be permitted in the workplace as a reasonable accommodation, an animal in the workplace that bites clearly poses a threat to the health and safety of other employees and continuing the accommodation is likely to be considered an undue hardship.
Because the determination of a threat to health and safety may depend on the specific facts and circumstances of a situation, consultation with legal counsel is advised. An employer may also consider consulting with its insurance carrier for guidance as there may be liability coverage or rate increase issues that affect the undue hardship analysis.
Title I does not specifically address service animals. Titles II and III of the ADA apply to state/local governments and places of public accommodations, respectively. Under Titles II and III, only dogs are service animals (there is a narrow exception for miniature horses). Under Title I, an employer is not automatically required to allow an employee to have a service animal or emotional support animal in the workplace. However, employers must treat a request for a service animal or a support animal as a request for reasonable accommodation. This means an employer must engage in the interactive process with the employee to determine whether the requested accommodation is necessary and reasonable. The interactive process can include a request for reasonable documentation from an employee’s healthcare provider regarding the limitations imposed by an employee’s disability and the need for accommodation. An employer can require that a service animal is trained to be in a workplace and capable of functioning appropriately in the work environment.
The Job Accommodation Network (JAN) is a service of the U.S. Department of Labor’s Office of Disability Employment Policy and provides free confidential advice to employers about reasonable accommodations. You may find these JAN articles on service animals and emotional support animals in the workplace helpful.
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