Education

The spread of education about service animals begins with general background knowledge about teams and the different elements that goes into having a service animal. From sharing legal information to the sole purpose of having a service animal, taking an educational approach when covering these topics brings a new perspective to the table. This also encourages people to learn more and adequately research the service animal world, as this page provides reliable sources and information to educate everyone properly!

The history of the Americans with Disabilities Act and how it applies to service animals:

The Americans with Disabilities Act (ADA) was signed into law on July 26, 1990, by President George H.W. Bush. The ADA is one of America's most comprehensive pieces of civil rights legislation that prohibits discrimination and guarantees that people with disabilities have the same opportunities as everyone else to participate in the mainstream of American life -- to enjoy employment opportunities, to purchase goods and services, and to participate in State and local government programs and services. Modeled after the Civil Rights Act of 1964, which prohibits discrimination based on race, color, religion, sex, or national origin – and Section 504 of the Rehabilitation Act of 1973 -- the ADA is an "equal opportunity" law for people with disabilities.

To be protected by the ADA, one must have a disability, which the ADA defines as a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment. The ADA does not specifically name all of the impairments that are covered.

Under the Americans with Disabilities Act, service animals are defined as dogs individually trained to do work or perform tasks for people with disabilities. Examples of such work or jobs include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties. Service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to the person’s disability. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA.

This definition does not affect or limit the broader definition of “assistance animal” under the Fair Housing Act or the broader definition of “service animal” under the Air Carrier Access Act.

Some State and local laws define service animals more broadly than the ADA. The relevant State attorney general’s office can obtain information about such laws.

In addition to service dogs, the Department’s ADA regulations have a separate provision about miniature horses that have been individually trained to work or perform tasks for people with disabilities. (Miniature horses generally range in height from 24 inches to 34 inches, measured to the shoulders, typically weighing between 70 and 100 pounds.) Entities covered by the ADA must modify their policies to permit miniature horses to be reasonable. The regulations set out four assessment factors to assist entities in determining whether miniature horses can be accommodated in their facility. The assessment factors are (1) whether the miniature horse is housebroken; (2) whether the miniature horse is under the owner’s control; (3) whether the facility can accommodate the miniature horse’s type, size, and weight; and (4) whether the miniature horse’s presence will not compromise legitimate safety requirements necessary for the safe operation of the facility.

In sum, the Americans with Disabilities Act is a Federal Law that protects the rights of service animals and their handlers. It allows each team to go out into the world without worry and provides a safe foundation of freedom and equal opportunity. This law is the home base for many handlers around the United States, as they use this document to state their rights when going to a place with public access. The significance of this law is unmatched, seeing the difference it has made to those not only with service animals but the people around America with a disability. With equal opportunity comes equal treatment and respect for service animal teams and people with disabilities all across the country.

Service animals.

Reference:

ADA 2010 Revised Requirements: Service Animals. (n.d.). Retrieved May 14, 2022, from https://www.ada.gov/service_animals_2010.htm

The purpose of a service animal:

The purpose of a service animal will vary from team to team, as the sole reason an individual is to have them there to aid their disabilities. A service animal is there to perform a job and, to do so, will go through thousands of hours of training to execute its tasks in different environments. However, a service animal's purpose is also to give its handler independence, freedom, and confidence to take on the world. They are there to create an everlasting bond with their handler and provide unconditional love even during the most challenging times. Service animals give their handlers purpose, as the owner now has something they have to take care of daily. The handler will also learn so much from their service animal, from training to teamwork; the animal and handler's relationship is unlike any other. So the purpose of a service animal is to help aid a person with a disability, but it goes much further and completely changes the lives of handlers around the United States.

How are service animals trained are trained:

A service animal can be trained in various fashions, from positive reinforcement-based methods to balanced training techniques. The handler, program, or trainer should decide on a service animal's training, but each service animal’s movement will not be universal. Some service animals may be more food-motivated, and others might adore working for affection. Service animals might be driven and confident, while others might be more mellow and laid back. Each service animal should be individually trained based on strengths and weaknesses, finding things they excel in and other things that need more work. However, each service animal throughout their life should be trained with good obedience, standard socialization, gradual desensitization, lots of confidence building, and course, learn the tasks needed to aid their handler. No matter what, no two service animals are the same, and the techniques used should be custom to meet the animal’s drive and the handler’s ability.

Service animals in a workplace and companies providing reasonable accommodations:

In some cases, service animals may be permitted to accompany their handler in a work environment. Still, seeing that service animals are only covered under Titles 2 and 3 of the ADA, a process has to take place under Title 1 of the ADA that deals with employment.

Service animals under Title 1 of the Americans with Disabilities Act are considered a reasonable accommodation. This means that a service animal is seen as an additional resource that may help an employee but needs to be approved by an employer to enter the workplace.

Title I of the Americans with Disabilities Act of 1990 (the "ADA")(1) requires an employer(2) to provide reasonable accommodation to qualified individuals with disabilities who are employees or applicants for employment unless doing so would cause undue hardship. "In general, an accommodation is any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities."(3)There are three categories of "reasonable accommodations":

"(i) modifications or adjustments to a job application process that enable a qualified applicant with a disability to be considered for the position such capable applicant desires; or

(ii) modifications or adjustments to the work environment, or to the manner or circumstances under which the position held or desired is customarily performed, that enable a qualified individual with a disability to perform the essential functions of that position; or

(iii) modifications or adjustments that enable a covered entity's employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by its other similarly situated employees without disabilities."(4) (EEOC 2022).

When going about approaching a situation in which a service animal handler may need to make a reasonable accommodation request to have their service animal at their side, there are a few things to keep in mind:

Private employers with 15 or more employees must comply with Title I of the ADA. This includes employers with 15 or more full and part-time employees who have worked for 20 or more calendar weeks in the current or preceding calendar year.
State and local governments are covered by the ADA regardless of the number of employees. They have been required to follow the employment nondiscrimination requirements under Title II of the ADA as of January 26, 1992.
Title I of the ADA covers religious organizations that employ staff. However, they may give employment preference to people of their religion or religious organization.

The following groups are exempt from Title I of the ADA:

Private employers with fewer than 15 employees.
Corporations wholly owned by the U.S. Government examples: Federal Deposit Insurance Corporation, Tennessee Valley Authority, U.S. Postal Service, National Credit Union Administration)
Indian Tribes: A federally recognized tribe is an American Indian or Alaska Native tribal entity that is recognized as having a government-to-government relationship with the United States.
Bona fide private membership clubs that are not labor organizations and are exempt from taxation under the Internal Revenue Code examples: College social/academic fraternities and sororities, country clubs, amateur hunting, fishing, tennis, swimming, and other sport clubs
U.S. Government executive agencies are exempt from the ADA. The Executive Branch carries out and enforces laws. It includes the President, Vice President, Cabinet, Executive Departments, independent agencies, and other boards, commissions, and committees. These agencies are covered by similar nondiscrimination requirements and have additional affirmative employment requirements under Section 501 of the Rehabilitation Act of 1973.
The ADA provides exemptions when a workplace is located in a foreign country, and compliance with the ADA would violate the foreign country's law.

When making a reasonable accommodation, a service animal handler may approach their employer in plain English and not need to state the term “reasonable accommodation.” Nor does the handler need to go about mentioning this request in a formal, written fashion. This request can be made in a conversation or through other modes of communication.

Example: A handler tells their supervisor, “I am having trouble going about my work day without the assistance of my service animal. Is there something that we can work out?”

The response of each employer may vary, but it is the job of the employer to do their research to ensure the employee’s condition meets the standards of the ADA’s definition of a disability. The employer can also request that the employee fill out paperwork to document the reasonable accommodation and ask for a doctor’s note for medical proof that a service animal is needed. After an accommodation request is put in, both employer and employee should meet to discuss the plan to have a service animal in the workplace. The service animal is basic accommodation, but additional requests can include breaks so a service animal can relieve themselves or additional office space. Keep in mind that an employer is not required to fulfill this request if they can prove undue hardship, and they can select the outcome of what accommodations can be given. Throughout this process, clear communication and understanding are important for employees and employers. For additional information about this subject visit: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under ada#:~:text=There%20are%20a%20number%20of%20possible%20reasonable%20accommodations,is%20performed.%20These%20include%3A%20making%20existing%20facilities%20accessible%3B

Reference:

Issuing Authority This guidance document was issued upon approval by a vote of the U.S. Equal Employment Opportunity Commission., & This guidance document was issued upon approval by a U.S. Equal Employment Opportunity Commission vote. (n.d.). Enforcement guidance on reasonable accommodation and undue hardship under the Ada. US EEOC. Retrieved May 14, 2022, from https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada#:~:text=There%20are%20a%20number%20of%20possible%20reasonable%20accommodations,is%20performed.%20These%20include%3A%20making%20existing%20facilities%20accessible%3B

Companies providing reasonable modifications for service animal teams:

A reasonable modification requires public and private entities to deal flexibly with unanticipated situations in a way that does not deny people with disabilities an equal opportunity to participate. The obligation applies to writing and informal policies, practices, and procedures. This reasonable modification ensures equal opportunity and avoids discrimination.

Examples: A wheelchair user assisted by a service animal complained that he was denied access to a restaurant due to a “ no pet” policy. The restaurant owners apologized for the employee's conduct and agreed to comply with the ADA. They also agreed to provide training to educate their employees about the ADA and service animals. However, it is also essential to keep in mind the motion of a fundamental alteration. This occurs when a public or private entity is not required to modify if it can demonstrate that a change would fundamentally alter the nature of its service, program, or activity.

Example: A man with low vision with his seeing eye dog asks a planetarium manager to raise the light so he can read the extensive print program. A darkened room is essential to view the stars and planets. The planetarium is not required to modify its low lighting practice because this would fundamentally alter the experience for everyone. However, the planetarium is obligated to provide effective communication, which it could do by offering the patron a clipboard with a low-wattage reading light.

An establishment should always do its best to accommodate anyone with a disability entering its business, making it an excellent experience for all involved.

Why service animal online ID Cards/Registrations/Certifications are a problem and a solution:

There is a ton of misinformation when talking about service animal ID cards, registrations, and certifications. In the United States, service animal handlers are not required to register their service animal, nor is a place of business allowed to ask for such identification. Where this falsehood began is up to question, but any registration is not recognized under the Americans with Disabilities Act. When a business asks for an ID card to legitimize a service animal to access their establishment, this becomes a problem. Seeing that no registrations are required, a service animal handler is not obligated to provide one. If a business turns away a service animal team because they cannot give this “documentation,” an access issue is made. An access issue is when a service animal team is denied a place of public access. This can be because of the breed of the dog, the nature of the person’s ability, or the request for an identification card, as all of these reasons are illegal to deny access and a form of discrimination. Promoting ID cards is also an issue; if someone Google searches for a service animal, the first thing to pop up is a registration website or certificates to approve a service animal. There are countless ads found online and through social media, and this rhetoric can be hazardous for actual service animal handlers. It is important to remember that under the ADA, only dogs and miniature horses can become service animals. So if you see an ad registering your snake as a service animal, it is most likely spreading false information. Many of these websites scam people out of their money, as they take their certified service snake into a restaurant, claiming they are a service animal because they have papers. This narrative decreases the legitimacy of actual service dogs and miniature horses, as teams have more and more issues accessing these facilities unless they display some documentation. A service animal’s legitimacy is found in the tasks they learn to help aid their handler’s disability, not an ID card or certificate. However, there is a plus to ID cards for service dogs and miniature horses through all this negativity. Companies worldwide understand the laws of the ADA and make service animal ID cards for teams to purchase voluntarily.
A card with service animal information stating that cards are voluntary and reference the two questions companies are allowed to ask. Other correct details are an excellent resource for teams to present someone if they cannot speak or are in the middle of an episode. This might also ease anxiety for people who dislike talking to others, so voluntarily handing off a service animal ID card with all the legal information is a great alternative. Another situation to recall is that cases not covered under Title 2 or 3 of the ADA may ask for proof of the need for a service animal. This can be a housing situation covered under the Fair Housing Act or a place of employment covered under Title 1 of the ADA. A medical or psychiatric professional should only provide this documentation, not a scam online. Overall, there is a balance between the significance of service animal IDs, certifications, or documentation, with a place open to the public not being able to request such information from a service animal team voluntarily providing that notion.

Why businesses need to ask the two legal questions about a service animal:

The two questions regarding service animals are so important because it permits a service animal to go into an establishment accessible to the public while also legitimizing the job of the animal. To recap, the two questions that a business can ask are:

Is that a service animal trained for a person who has a disability?
What tasks is that animal trained to perform?

There are many ways a service animal handler can respond to these questions, but I will use my response as an example. So if I went in with my service dog, Lilo, to a Publix and a worker approached me asking those two questions, this would be my reply:

Yes, she is a service dog trained for my disabilities.
She is trained in medical and psychiatric alert and response.

That confirms to the worker that she is indeed a service animal and what she is there to do for me, the worker would then allow us to go about our shopping trip, and there should be no further information needed. The significance of this interaction is not only to confirm that a company is letting in legitimate service animals but also to deny access to emotional support animals or pets and therapy dogs (if not attending upon invite) entering a non-pet-friendly place. So in a situation where a person comes into the store with their dog, a person might ask two questions, and if the person’s response is:

Yes, this dog is my service animal.
They are here for emotional support.

That would not be considered a service animal, even though they stated those terms, because they followed up with the job of the dog being there for emotional support. Under the ADA, emotional support or general comfort is not a task; a task is a job that a service animal performs to aid their handler’s disability. This can range from blood sugar detection to retrieving objects for an individual. In another situation, if a person enters an establishment with a miniature horse and responds to the two questions with the following:

This horse is a therapy animal.
They are here to comfort others.

This would not be an animal permitted into the store unless the establishment invited them in because they stated the animal is there for comfort and therapeutic purposes. No matter what a company’s policy states, federal law always prevails, and the rights to ask those two questions are open to any employee working for a business. Coming from a service dog handler myself, I am always so happy when staff asks the two questions, as it allows me peace of mind that actual service animals are entering a place where I am. These two questions will make a difference when identifying real service animals and dismissing the false ones from entering an area of public access.

How you can learn more about service animals and where you can find correct information:

You can learn more about service animals through educational research and the first-person perspective of actual service animal handlers. This community is unique because there are no two teams alike, and each service animal has their own story. From how a handler got their service animal to what they are trained for. Service animal education is endless and filled with so much incredible information that it has the power to open an entirely new perspective. So if you are just here to learn about service animals for your job or personal achievements, or you are an up-and-coming service animal handler. The information out in the world about service animals can be tough to find, considering there is so much misinformation out there. So to make it simple, here are some of my favorite references to dive deeper into the world of service animals:

https://www.ada.gov/regs2010/service_animal_qa.html

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

https://www.hud.gov/sites/dfiles/PA/documents/AsstAnimalsGuidFS1-24-20.pdf

https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada#:~:text=There%20are%20a%20number%20of%20possible%20reasonable%20accommodations,is%20performed.%20These%20include%3A%20making%20existing%20facilities%20accessible%3B

https://www.transportation.gov/individuals/aviation-consumer-protection/service-animals

https://www.akc.org/expert-advice/training/service-dog-training-101/

https://www.akc.org/public-education/resources/general-tips-information/service-therapy-work-dogs/

https://www.akc.org/expert-advice/lifestyle/most-popular-service-dog-breeds/