HELP! My New Employee Just Brought Their Emotional Support Puppy to Work

by | Jun 9, 2022

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What should you do when your new employee brings his 100-pound “emotional support” dog to work on his first day? Oh, and this without any mention during the interview that he’d have an untrained animal accompanying him all day on the shop floor.

The Americans with Disabilities Act (ADA) makes a clear distinction between a service animal and an emotional support, therapy, comfort or companion animal. Generally speaking, the ADA defines “service animal” as a dog that has been individually trained to do work or perform tasks for an individual with a disability. The task(s) performed by the dog must be directly related to the person’s disability. On the other hand, “comfort animals” are pets that provide comfort just by being with a person. If a comfort animal has not been trained to perform a specific job or task they will not qualify as service animal under the ADA.

The ADA also makes a distinction between psychiatric service animals and emotional support animals. If the dog has been trained to sense that an anxiety attack is about to happen and to take a specific action to help avoid the attack or lessen its impact, that would qualify as a service animal. However, if the dog’s mere presence provides comfort, that is not considered a service animal under the ADA.

If your work environment has furry friends visiting that are not ADA-approved, let me help you through the process of addressing what documentation and accommodations are needed.

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Laura L. Rubenstein
Laura L. Rubenstein
‍Laura L. Rubenstein heads RKW’s Labor and Employment practice group. She represents employers, providing education on compliance with a goal of avoiding the courtroom. Laura focuses on the defense of FLSA and state wage disputes, ADA accommodations, FMLA leave, harassment, discrimination and retaliation. Laura frequently drafts critical documents including employment contracts, restrictive covenants, and severance/separation agreements, and handles sensitive employment investigations, ensuring confidence throughout the process.

Laura counsels boards of directors and C-level executives on governance, policy and best practices. She also provides on-site training for managers, supervisors and executives to help reduce liability and promote a more harmonious and productive workplace.

Laura has handled hundreds of investigations by state and federal departments of labor, the EEOC, and other federal and state agencies on matters related to harassment, discrimination, wage claims, independent contractor disputes, employee classification and other statutory claims.

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