Service Animals and the ADA Guidelines
U.S. Department
of
Justice
Civil Rights
Division
Servic
e
Animals
an
d
th
e
ADA
Food
Marketing
Institute
Kathleen
Wolfe
and
Liz
Savage
U.S.
Department
of
Justice
August
7,
2018
U.S.
Department
of
Justice
Civil Rights
Division
SERVIC
E
ANIMAL
S
an
d
th
e
ADA
Reasonable
Modification
□
Legal
Basis:
General
Rule
in
ADA
regulation:
"A
public
accommodation
shall
make
reasonable
modifications
in
policies,
practices,
or
procedures
when
necessary
to
afford
goods,
services,
facilities,
privileges
advantages,
or
accommodations
to
individuals
with
disabilities,
unless
the
public
accommodation
can
demonstrate
that
making
the
modifications
would
fundamentally
alter
the
nature
of
the
goods,
services,
facilities,
privileges,
advantages,
or
accommodations."
U.S.
Department
of
Justice
Civil
Rights
Division
SERVIC
E
ANIMAL
S
an
d
th
e
ADA
B
a
s
i
c
R
u
l
e
:
A
p
u
b
l
i
c
a
c
c
o
m
m
o
d
a
t
i
o
n
s
h
a
l
l
m
o
d
i
f
y
i
t
s
p
o
l
i
c
i
e
s
,
p
r
a
c
t
i
c
e
s
,
o
r
p
r
o
c
e
d
u
r
e
s
t
o
p
e
r
m
i
t
t
h
e
u
s
e
o
f
a
s
e
r
v
i
c
e
a
n
i
m
a
l
b
y
a
n
i
n
d
i
v
i
d
u
a
l
w
i
t
h
a
d
i
s
a
b
i
l
i
t
y
.
R
u
l
e
o
f
T
h
u
m
b
:
A
l
l
o
w
s
e
r
v
i
c
e
a
n
i
m
a
l
t
o
g
o
a
n
y
w
h
e
r
e
m
e
m
b
e
r
s
o
f
p
u
b
l
i
c
g
o
U.S. Department
of
Justice
Civil Rights
Division
SERVIC
E
ANIMAL
S
an
d
th
e
ADA
A
dog
tha
t
i
s
individuall
y
trained
to
do
work
or
perform
tasks
for
the
benefit
of
an
individual
with
a
disability,
including
a
physical,
psychiatric,
sensory,
intellectual
or
other
mental
disability.
U.S. Department
of
Justice
Civil
Rights
Division
SERVICE
ANIMALS
and
the
ADA
What
does
this
definition
mean?
•
Limit
s
th
e
species
o
f
service
animal
s
to
dogs
for
the
ADA
•
Comfort
,
emotiona
l
support,
therapy
,
or
companionship
dogs
are
not
service
animals
•
Those
with
psychiatric,
intellectuaI,
or
other
mental
disabilities
can
use
service
dogs
U.S. Department
of
Justice
Civil Rights
Division
SERVIC
E
ANIMAL
S
an
d
th
e
ADA
Examples
of
Tasks
(1)
•
Guidin
g
o
r
wayfarin
g
fo
r
person
s
who
are
blind
or
have
low
vision
•
Alerting
persons
who are
deaf
or
hard
of
hearing
to
sounds
•
Pulling
a
wheelchair
•
Retrieving
items
for
persons
who
use
wheelchairs
U.S. Department
of
Justice
Civil Rights
Division
SERVICE
ANIMALS
and
the
ADA
Examples
of
tasks
(2)
•
Detec
t
th
e
onse
t
o
f
a
seizure
an
d
assis
t
during
se
i
■
zure
•
Remind
person
with
a
disability
to
take
medication
or
retrieve
medicine
or
other
items
•
Enter
and
examine
unfamiliar
space
and
come
back
and
signal
it
is
safe
to
enter
•
Hel
p
individua
l
wit
h
dissociativ
e
identit
y
disorder
to
remain
grounded
U.S. Department
of
Justice
Civil
Rights
Division
SERVIC
E
ANIMAL
S
an
d
th
e
ADA
E
x
a
m
p
l
e
s
o
f
t
a
s
k
s
(
3
)
•
Prevent/interrupt
impulsive
or
destructive
behavior
•
Assist
with
balance,
stability
•
Provide
non-violent
protection
or
rescue
work
U.S. Department
of
Justice
Civil
Rights
Division
SERVICE
ANIMALS
and
the
ADA
P
s
y
c
h
i
a
t
r
i
c
S
e
r
v
i
c
e
D
o
g
Servic
e
dog
s
fo
r
peopl
e
wit
h
psychiatri
c
disorders
are
recognized
under
DOJ
regulations
•
Handler
generally
does
not
cue
dog
•
Do
g
take
s
independen
t
actio
n
t
o
aler
t
-
e.g.
prior
to
anxiety/panic
attack
•
Dog's
action
is
consistent
U.S.
Department
of
Justice
Civil Rights
Division
SERVIC
E
ANIMAL
S
an
d
th
e
ADA
Emotional
support/comfort?
Providing
emotional support
or
comfort
is
not
a
recognized
t
a
s
k
u
n
d
e
r
D
O
J
s
e
r
v
i
c
e
a
n
i
m
a
l
r
e
g
u
l
a
t
i
o
n
s
•
I
f
th
e
dog'
s
mere
presenc
e
provide
s
comfort,
i
t
i
s
no
t
a
service
animal
under
DOJ
regulations
•
You
typically cannot
determine
on
sight
whether
a
dog
is
a
service
animal
under
the
ADA or
an
emotional support
or
comfort
animal
that
is
not
covered
by
the
ADA.
U.S. Department
of
Justice
Civil Rights
Division
SERVIC
E
ANIMAL
S
an
d
th
e
ADA
Service
Dog
Definition
□
"Individually
Trained":
■
Professional
training
not
required
■
Dogs
in
training
are
not
service
dogs
Must
be
able
to
perform
disability-related
task
U.S. Department
of
Justice
Civil
Rights
Division
SERVIC
E
ANIMAL
S
an
d
th
e
ADA
What
Can
Store
Employees
Ask?
Permissibl
e
Inquiries
:
Ca
n
ask
onl
y
tw
o
questions
(when
not
obvious
that
the
dog
is
a
service
animal)
1.
Whethe
r
do
g
i
s
require
d
because
of
a
disability
2.
What
work
or
tasks
the
dog
is
trained
to
perform
Canno
t
ask
for
ciem
o
t---rat
-••
----
-
U.S.
Department
of
Justice
Civil Rights
Division
SERVICE
ANIMALS
and
the
ADA
What
If
the
Person
Won't
Answer?
I
f
a
n
employe
e
ask
s
th
e
tw
o
permissibl
e
question
s
and
the
patron
won't
answer
-
The
store
does
not
need
to
allow
the
service
animal
in.
■
Remember,
though,
if
obvious
that
dog
is
a
service
animal
(e.g.,
a
guide
dog
for
a
blind
person),
then
can't
ask
the
two
questions.
■
I
f
exclud
e
th
e
do
g
becaus
e
patro
n
won'
t
answer,
then
still
must
permit
patron
to
enter/access
services
without
the
dog.
U.S. Department of
Justice
Civil
Rights
Division
SERVIC
E
ANIMAL
S
an
d
th
e
ADA
Documentation
D
N
o
certification,
identification
,
licensur
e
or
registration,
licensure,
required
DOJ
does
not
recognize
any
document
sold
online
by
any
individual
or
organization
as
proof
that
a
dog
is
a
service
animal
U.S.
Department
of
Justice
Civil
Rights
Division
SERVIC
E
ANIMAL
S
an
d
th
e
ADA
Exclusio
n
o
f
Servic
e
Dogs
D
General
Rule:
Covered
entities
must permit
service
animals
to
enter
all
areas
where
members
of
the
public
go
D
Two
specific
exceptions:
■
When
the
animal
is
out
of
control
and
the
handler
does
not
take
effective
acti'on
to
control
it
■
The
animal
is
not
housebroken
U.S.
Department
of
Justice
Civil
Rights
Division
SERVIC
E
ANIMAL
S
an
d
th
e
ADA
W
h
a
t
i
s
H
a
n
d
l
e
r
'
s
C
o
n
t
r
o
l
?
•
Must
have
harness, leash,
or
other
tether
•
If
handler
is
unable
to
use
these
because
of
disability,
animal
must
otherwise
be
under
the
handler's
control:
voice
control,
signals, or
other
effective
means
U.S.
Department
of
Justice
Civil Rights
Division
SERVIC
E
ANIMAL
S
an
d
th
e
ADA
Under
Control:
•
Do
g
i
s
o
n
a
leash
,
walkin
g
o
n
th
e
floor
•
Dog
is
on
handler's
chest
in
a
carrier/pack
(where
for
a
disability
related
reason)
U.S. Department
of
Justice
Civil
Rights
Division
SERVIC
E
ANIMAL
S
an
d
th
e
ADA
Not
Under
Control:
□
Dog
is:
■
In
a
shopping
cart
■
Sniffing
around
food
■
Barking
more
than
once
or
twice
■
Growling
■
Showing
its
teeth
■
Nipping
or
Biting
U.S. Department of
Justice
Civil Rights
Division
SERVIC
E
ANIMAL
S
an
d
th
e
ADA
G
e
n
e
r
a
l
:
L
i
m
i
t
a
t
i
o
n
s
D
Entity
not
required
to
take
steps
that:
■
"fundamentally alter"
the
nature
of
the
program
or
activity.
■
resul
t
i
n
a
direc
t
threa
t
t
o
th
e
healt
h
or
safety
of
others.
□
Rare
that
presence
of
service
dog
meets
these
limitations
U.S.
Department
of
Justice
Civil Rights
Division
SERVICE
ANIMALS
and
the
ADA
General:
Direct
Threat
■
A
direct
threat
is
a
significant
risk
that
cannot
be
eliminated
or
reduced
to
an
acceptable
level
by
the
modification
of
its
policies,
practices,
or
procedures,
or
by
the
provision
of
auxiliary
aids
or
services.
■
The
public
accommodation's
determination
that
a
person
poses
a
direct
threat to
the
health
or
safety
of
others
may
not
be
based
on
generalizations
or
stereotypes
about
the
effects
of
a
particular
disability
U.S. Department
of
Justice
Civil Rights
Division
SERVICE
ANIMALS
and
the
ADA
Other
issues
□
Cannot
exclude
service
dog
because
of
the
allergies
or
religious
beliefs
of
others,
including
employees,
but
may
consider
these
issues
in
how
access
is
provided
□
No
exclusion
of
certain
breeds
of
dogs
□
Dog
not
required
to
wear
vest,
patch,
or
SQecial
harness
U.S. Department of
Justice
Civil Rights
Division
SERVIC
E
ANIMAL
S
an
d
th
e
ADA
Other
Issues
(2)
□
Local
ordinances:
local
dog
licensing
and vaccination
requirements
are
ok,
special
registration
of
service
dogs
is
not
(one
dog
□
Multiple
service
dogs
allowed
pe
r
task
)
U.S.
Department
of
Justice
Civil
Rights
Division
SERVIC
E
ANIMAL
S
an
d
th
e
ADA
Whic
h
La
w
Applies
:
Federal,
State,
or
Local?
AD
A
requires
:
whicheve
r
la
w
provide
s
more
protections
or
access
for
people
with
disabilities
E.g.
Local
ordinance
restricting
breeds
U.S.
Department
of
Justice
Civil Rights
Division
SERVIC
E
ANIMAL
S
an
d
th
e
ADA
Resources
■
www
.ADA.gov
•
Frequentl
y
Aske
d
Question
s
abou
t
Service
Animals
and
the
ADA
on
ADA.gov
Servic
e
Animals
on
•
Revised
ADA
Requirements:
ADA.gov
•
ADA
Information
Line
•
800-514-0301
•
800-514-038
3
(tty
)
The U.S. Department of Justice Civil Rights Division outlines the rules for service animals under the ADA, emphasizing reasonable modifications for individuals with disabilities. The definition is specific to dogs trained to perform tasks for disabled individuals, limiting the species to dogs only. Examples of service animal tasks include guiding the blind, alerting the deaf, and assisting wheelchair users.
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U.S. Department ofJustice Civil Rights Division Service Animals and the ADA Food Marketing Institute Kathleen Wolfe and Liz Savage U.S. Department of Justice August 7, 2018
U.S. Department of Justice Civil Rights Division SERVICE ANIMALS and the ADA Reasonable Modification Legal Basis: General Rule in ADA regulation: "A public accommodation shall make reasonable modifications in policies, practices, or procedures when necessary to afford goods, services, facilities, privileges advantages, or accommodations to individuals with disabilities, unless the public accommodation can demonstrate that making the modifications would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations."
U.S. Department of Justice Civil Rights Division SERVICE ANIMALS and the ADA A public Basic Rule: accommodation shall modify its policies, practices, or procedures to permit the use of a service animal by an individual with a disability. Rule of Thumb: animal to go anywhere members of public go Allow service
U.S. Department ofJustice Civil Rights Division SERVICE ANIMALS and the ADA A dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, psychiatric, sensory, intellectual or other mental disability.
U.S. Department ofJustice Civil Rights Division SERVICE ANIMALS and the ADA What does this definition mean? Limits the species of service animals to dogs for the ADA Comfort, emotional support, therapy, or companionship dogs are not service animals Those with psychiatric, intellectuaI, or other mental disabilitiescan dogs use service
U.S. Department ofJustice Civil Rights Division SERVICE ANIMALS and the ADA Examples of Tasks (1) Guiding or wayfaring for persons who are blind or have low vision Alerting persons who are deaf or hard of hearing to sounds Pulling a wheelchair Retrieving items for persons who use wheelchairs
U.S. Department ofJustice Civil Rights Division SERVICE ANIMALS and the ADA Examples of tasks (2) Detect the onset of a seizure and assist during sei Remind person with a disability to take medication or retrieve medicine or other items Enter and examine unfamiliar space and come back and signal it is safe to enter Help individual with dissociative identity disorder to remain grounded zure
U.S. Department ofJustice Civil Rights Division SERVICE ANIMALS and the ADA Examples of tasks (3) Prevent/interrupt impulsive or destructive behavior Assist with balance, stability Provide non-violent protection or rescue work
U.S. Department ofJustice Civil Rights Division SERVICE ANIMALS and the ADA Psychiatric Service Dog Service dogs for people with psychiatric disorders are recognized under DOJ regulations Handler generally does not cue dog Dog takes independent action to alert - e.g. prior to anxiety/panic attack Dog's action is consistent
U.S. Department of Justice Civil Rights Division SERVICE ANIMALS and the ADA Emotional support/comfort? Providing emotional support or comfort is not a recognized task under DOJ service animal regulations If the dog's mere presence provides comfort, it is not a service animal under DOJ regulations You typically cannot determine on sight whether a dog is a service animal under the ADA or an emotional support or comfort animal that is not covered by the ADA.
U.S. Department ofJustice Civil Rights Division SERVICE ANIMALS and the ADA Service DogDefinition "Individually Trained": Professional training not required Dogs in training Must be able to perform disability-related task are not service dogs
U.S. Department ofJustice Civil Rights Division SERVICE ANIMALS and the ADA What Can Store Employees Ask? Permissible Inquiries: (when not obvious that the dog is a service animal) 1. Whether dog is required because of a disability 2. What work or tasks the dog is trained to perform Cannotaskforc i e mo t - - - r a t- - - - - - Can ask only two questions
U.S. Department ofJustice Civil Rights Division SERVICE ANIMALS and the ADA What If the Person Won't Answer? If an employee asks the two permissible questions and the patron won't answer - The store does not need to allow the service animal in. Remember, though, if obvious that dog is a service animal (e.g., a guide dog for a blind person), then can't ask the two questions. If exclude the dog because patron won't answer, then still must permit patron to enter/access services without the dog.
U.S. Department ofJustice Civil Rights Division SERVICE ANIMALS and the ADA Documentation D No certification, identification, licensure or registration, licensure, required DOJ does not recognize any document sold online by any individual or organization as proof that a dog is a service animal
U.S. Department of Justice Civil Rights Division SERVICE ANIMALS and the ADA Exclusion of Service Dogs D General Rule: Covered entities must permit service animals to enter all areas where members of the public go D Two specific exceptions: When the animal is out of control and the handler does not take effective acti'on to control it The animal is not housebroken
U.S. Department of Justice Civil Rights Division SERVICE ANIMALS and the ADA What is Handler's Control? Must have harness, leash, or other tether If handler is unable to use these because of disability, animal must otherwise be under the handler's control: voice control, signals, or other effective means
U.S. Department ofJustice Civil Rights Division SERVICE ANIMALS and the ADA Under Control: Dog is on a leash, walking on the floor Dog is on handler's chest in a carrier/pack (where for a disability related reason)
U.S. Department ofJustice Civil Rights Division SERVICE ANIMALS and the ADA Not Under Control: Dog is: In a shopping cart Sniffing around food Barking more than once or twice Growling Showing its teeth Nipping or Biting
U.S. Department ofJustice Civil Rights Division SERVICE ANIMALS and the ADA General: D Entity not required to take steps that: "fundamentally alter" the nature of the program or activity. result in a direct threat to the health or safety of others. Limitations Rare that presence of service dog meets these limitations
U.S. Department ofJustice Civil Rights Division SERVICE ANIMALS and the ADA General: A direct threat is a significantrisk that cannot be eliminated or reduced to an acceptable level by the modification of its policies, practices, or procedures, or by the provision of auxiliary aids or services. The public accommodation's determination that a person poses a direct threat to the health or safety of others may not be based on generalizations or stereotypes about the effects of a particular disability Direct Threat
U.S. Department ofJustice Civil Rights Division SERVICE ANIMALS and the ADA Other issues Cannot exclude service dog because of the allergies or religious beliefs of others, including employees, but may consider these issues in how access is provided No exclusion of certain breeds of dogs Dog not required to wear vest, patch, or SQecial harness
U.S. Department ofJustice Civil Rights Division SERVICE ANIMALS and the ADA Other Issues (2) Local ordinances: and vaccination requirements are ok, special registration of service dogs is not local dog licensing Multiple service dogs allowed per task) (one dog
U.S. Department ofJustice Civil Rights Division SERVICE ANIMALS and the ADA Which Law Applies: State, or Local? Federal, ADA requires: protections or access for people with disabilities E.g. Local ordinance restricting breeds whicheverlaw provides more
U.S. Department ofJustice Civil Rights Division SERVICE ANIMALS and the ADA Resources www.ADA.gov Frequently Asked Questions about Service Animals and the ADA on ADA.gov Revised ADA Requirements: ADA.gov ADA Information Line 800-514-0301 800-514-0383 (tty) Service Animals on
