Demystifying the ADA Interactive Process: Service Animals

As disability accommodation requests continue to increase with the return to in-person work, Oregon and Washington employers are often left unsure what their obligation is regarding service animal requests under the ADA, and whether that obligation extends to emotional support animals.

Most people are familiar with service animals in grocery stores and other public settings, as you’ve likely seen the “service animals only” signs posted at entrances. However, the workplace rules are different. In employment settings, the key question is not public access. It is whether allowing the animal is a reasonable accommodation that enables the employee to perform the essential functions of the job without creating an undue hardship. Here’s a breakdown of what Oregon and Washington employers should know.

Do employers have obligations to provide workplace accommodations for service animals?

Yes, but the right to a service animal isn’t automatic.

Under Title I of the Americans with Disabilities Act (ADA), which applies to the employment setting, as well as the equivalent Oregon and Washington disability accommodation laws, service animals are not automatically permitted in the workplace. Instead, requests to bring an animal into the workplace should be evaluated under the same framework as any other reasonable accommodation request. An animal may qualify as a reasonable accommodation if it enables an employee with a disability to perform the essential functions of the job and does not create an undue hardship.

What qualifies as a service animal?

In Oregon and Washington, a service (or assistance) animal is an animal individually trained to perform specific tasks that assist an employee with a disability. This definition allows for a wide range of animals, not just dogs, to be considered through the interactive process.

Are service animals the only type of animal that may qualify for ADA accommodations?

This is where the analysis becomes a bit more complicated. The answer is no. In the employment setting, the analysis centers on the disability-related need for the animal, not just the label attached to it. This means it doesn’t only apply to animals that meet the technical definition of a trained service animal. In fact, an emotional support animal may still qualify as a reasonable accommodation if the employee has a disability and the animal’s presence is necessary for the employee to perform essential job functions.

Throughout this blog, the term “service animal” is used for simplicity but remember, the term can apply to animals that don’t strictly meet that definition.

How does the reasonable accommodation process work with service animal requests?

The reasonable accommodation process for a service animal request follows the same framework as any other ADA accommodation request. Employers must engage in an individualized assessment through the interactive process.

The goal of that process is to determine:

• Whether the employee has a covered disability;
• Whether there is a disability-related need for the animal;
• Whether the animal enables the employee to perform the essential functions of the job; and
• Whether allowing the animal would create an undue hardship.

What factors demonstrate that an accommodation would create an undue hardship?

To deny a service animal ADA accommodation request, an employer must demonstrate that the accommodation would require "significant difficulty or expense" in relation to the size of the employer, the resources available, and the nature of the operation. Factors may include:

• The employer’s financial resources
• The nature and cost of the accommodation
• The size of the organization
• The impact of the accommodation on coworkers, to the extent it affects business operations
• Legitimate safety concerns
• The nature of the employer’s operations

These determinations are made on a case-by-case basis, with courts examining the totality of all the relevant factors. Some examples may include severe coworker allergic reactions, documented bite history, constant barking that disrupts work, or a dog’s presence fundamentally doesn’t allow services to operate such as a clean room environment.

Can employers request documentation for service animal ADA accommodations?

Yes, but carefully. If the disability or the need for the animal is not obvious, an employer may request reasonable documentation to confirm:

• The employee has a covered disability;
• There is a connection between the disability and the animal’s role in performing essential job duties;
• The animal can behave appropriately in a professional work environment.

In Oregon, assistance animal trainees are protected, so employers may request confirmation that the animal is in training but must treat trainees with the same general respect as trained animals.

In Washington, the focus is on whether the animal is trained to perform disability-related tasks. Employers may ask what the animal is trained to do to ensure it is not simply a pet.

Can employers ask for a certification proving the animal is trained?

No. Employers cannot require a specific service animal certification, identification card, or registration document to validate that an animal is legitimate. In fact, there is no official government issued certification for service animals.

If employers cannot ask for certification, what can we ask for?

Employers are allowed to request reasonable information, such as:

• An explanation of the specific work or tasks the animal performs that are directly related to the employee’s disability.
• Documentation from a healthcare provider confirming that the animal’s presence is necessary because of the employee’s disability to perform the job.
• A demonstration or trial period to ensure the animal is housebroken and can behave appropriately in a professional environment without causing significant disruption.

It’s important to note that these requests for information must be evaluated on a case-by-case basis for reasonableness.

Do employers need to consider anything else after a service animal is approved?

Yes. Simply approving a service animal request is just the first step. To ensure the accommodation works for everyone, employers should collaborate with the employee on "secondary accommodations." These are often minor adjustments that help ensure the service animal accommodation works effectively in practice and to minimize potential workplace disruption. Possible secondary accommodations include but are not limited to:

• Adjusted break times to allow the employee to take the animal outside
• A designated relief area
• Space for feeding or watering
• Workstation placement near an exit
• Moving the employee away from high-traffic areas

While considerations must be made on a case-by-case basis, these secondary accommodations are often relatively minor and would not rise to the level of undue hardship.  Employers should document this process to demonstrate they are engaging in the interactive process in good faith.

What if two accommodation needs conflict? For example, an employee requesting a service animal and an employee with a severe allergy?

This situation comes up more often than employers expect. One employee may need a service animal, while another has a severe, medically documented allergy. It is important to remember that disability does not automatically take priority over the other.

Employers must engage in two separate interactive processes with both employees to determine whether there is a reasonable accommodation that allows each person to perform the essential functions of their job safely.

Usually, the accommodation is fairly straightforward. Some examples may include but are not limited to separating work areas, adjusting schedules so the employees are not onsite at the same time, or using portable air purifiers to resolve the issue.

However, there could be rare situations where an employee’s allergy is so severe that it could trigger a life-threatening reaction, that can’t be mitigated by reasonable accommodations. At that point, the service animal could present an undue hardship or direct threat. If this is the case, the analysis does not end there. The employer would still need to work with the employee requesting the animal to identify an alternative accommodation.

What can an employer tell staff regarding the presence of a service animal in the workplace?

Under state and federal disability laws, employers should not disclose an employee’s diagnosis or confirm that the animal is an ADA reasonable accommodation, since medical information is confidential.

If coworkers ask why an animal is present, federal guidance suggests employers may explain that the organization has a policy of assisting employees who encounter difficulties in the workplace, or that the animal is present for legitimate business reasons.