While airlines are relatively cool on qualified emotional support animals, employers need only bend to the trend if federal or state disability discrimination laws are in play.

Employers of course have the prerogative of barring employee pets from the workplace. However, circumstances may require management to explore reasonable accommodation where the request is framed as a worker’s need for a “service animal” or “emotional support animal” under the federal Americans with Disabilities Act (ADA) or  California’s  Fair Employment and Housing Act (FEHA).  No accommodation is required if it amounts to “undue hardship” or legitimate countervailing business concerns such as safety, health, and operational disruption.

The federal Equal Employment Opportunity Commission (EEOC) defines service animals “as dogs that are individually trained to do work or perform tasks for people with disabilities. Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure … Service animals are working animals, not pets.” Emphasis supplied.

The U.S. Service Animals organization tells us “[a]n emotional support animal (ESA) is a companion animal that many individuals may need to help relieve symptoms of certain mental health conditions. [They] are typically dogs or cats, but other animals such as miniature horses or even pigs may find a place as support animals.” Emphasis supplied.

The ADA defines “reasonable accommodation” broadly but does not explicitly require employers to allow service animals or emotional support animals in the workplace. However, if an employee with a disability requests this, management must engage in an interactive process to determine whether the accommodation is necessary and reasonable.

Combining service and emotional support under “assistive animals,” California’s Civil Rights Department advises allowing an animal in the workplace may constitute a reasonable accommodation under FEHA, provided the request is supported by documentation showing that the animal alleviates one or more symptoms of the employee’s disability.

Take-Aways:

Employers must assess animal-at-work requests on a case-by-case basis, weighing employee  needs against workplace impact. Best practices include

● Interactive Process: Engage in good faith discussions to evaluate the request and explore alternatives;

● Documentation: Unless grounds are obvious, ask for medical documentation supporting the need for the animal;

● Trial Periods: Temporary or trial accommodations may help assess whether the presence of an animal causes hardship; and

●  Workplace Policies: Develop written policies regarding workplace animals to ensure consistency and compliance.

For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.

See also:

• Listen to the Blind Using Screen Reader Technology to Accommodate Sightless Employees (May 23, 2025)

• Superstore to Pay $75,000 for Disability Discrimination and Retaliation (August 30, 2024)

• Accommodation Nation Listen – Don’t Turn a Deaf Ear to Employee Disabilities (August 23, 2019)

• May I Bring My Monkey to Work? How to Handle Assistive Animals in the Workplace (May 15, 2018)

Tim Bowles
May 30, 2025