Service Animals at Workplace in California: Know Your Rights (2024)

In California, employees with disabilities are offered legal protections, including the right to bring service animals and, in some cases, emotional support animals to work. California offers some of the most comprehensive protections for workers with disabilities. However, despite these protections, both employers and employees must navigate specific rules and limitations regarding service animals in the workplace in California.

What Qualifies as a Service Animal or Emotional Support Animal?

Many different kinds of animals that help people with disabilities are considered “assistive animals” in California. These can be service animals that have been taught to accomplish tasks for people who have physical, sensory, psychiatric, intellectual, or other mental disabilities. Guide dogs, signal dogs, mental service dogs, and emotional support animals are all types of assistive animals.

California doesn’t require emotional support animals to have special training. Service dogs, on the other hand, are usually trained to help people with disabilities with certain jobs. Emotional support animals help people with disabilities like PTSD, anxiety, or depression feel better, but they don’t do physical tasks that are linked to those disabilities.

Requesting a Service Animal or Emotional Support Animal at Work

You must formally request an accommodation from your employer if you need to bring a service animal or emotional support animal to work. Usually, it’s most advantageous to make this request in writing. Following receipt of the request, the employer should conduct an “interactive process” to decide the most cost-effective way to meet the employee’s needs without placing an undue burden on the company.

If the condition or the necessity for accommodations is not immediately apparent, employers have the right to request adequate medical proof to verify the existence of the disability and the requirement for the assistive animal. Other healthcare professionals, including clinical psychologists, social workers, and even acupuncturists, can offer the required documents to support the employee’s request.

Employer Responsibilities and Limitations

Employers must accommodate disabled employees who require the assistance of a service animal or emotional support animal. Employers, however, do have some latitude in setting conditions for the presence of these animals in the workplace. For instance, employers may require that the assistive animal:

• Be free from offensive odors.
• Not engage in behavior that endangers the health or safety of the individual or others.
• Exhibit habits appropriate for the workplace, such as being potty-trained.

While these standards help ensure that the presence of an assistive animal does not disrupt the workplace, employers are not allowed to deny the use of an emotional support animal based solely on the lack of specific training. As long as the animal meets the basic behavioral requirements, it should be allowed as a reasonable accommodation.

Navigating Conflicts With Other Employees

When other workers are allergic to or afraid of animals, it can sometimes lead to problems. In California, managers must handle these kinds of disagreements in the same way they handled the employee with the service animal. This could mean changing the way workspaces are set up, making sure there is better airflow, spreading out work hours, or even giving the workers in question private offices.

To the greatest extent possible, employers must find an answer that works for employees on both sides of the issue. A coworker disliking having the assistance animal around is not a valid reason for the animal not to be present.

When Is Accommodating an Assistive Animal Unreasonable?

In California, an employer doesn’t have to make accommodations for an assistive animal if doing so would make running the business too difficult. Several things are used to decide if it is unreasonable, such as the cost of the accommodation, the size and financial means of the company, and the type of business.

For instance, if accommodating the animal would mean a lot of changes to how the business works, or if the animal’s presence would make some areas less safe, the boss may be able to say no to the request. However, companies should consider all possible accommodations before deciding that an assistive animal cannot be accommodated.

What to Do if Your Request Is Denied

If your employer refuses your request to bring a service animal or emotional support animal to work, it is important to follow up by submitting your request to higher management or the human resources department. If your employer continues to deny your request or retaliates against you, you may be able to seek legal assistance.

Both the federal Equal Employment Opportunity Commission (EEOC) and the California Civil Rights Department (CRD) enforce disability discrimination laws.

FAQs

Q: Can You Bring a Service Dog to Work in California?

A: Workers with disabilities in the state of California have the right to bring a service dog to work as a reasonable accommodation under both federal and state laws. These laws include the Americans with Disabilities Act (ADA) and the Fair Employment and Housing Act (FEHA) of California. However, the service dog must be able to safely assist with tasks that are related to the worker’s disability.

Q: Can an Employer Deny an Emotional Support Animal in California?

A: Under the Fair Employment and Housing Act (FEHA), employers in the state of California are prohibited from denying an emotional support animal as a reasonable accommodation. The only exceptions to this rule are when the use of the animal would place an undue burden on the company or if the animal did not meet basic behavioral or sanitation standards.

Q: Can You Ask for Proof of Service Animals in California?

A: If the necessity of a service animal is not immediately apparent, employers in California have the right to obtain acceptable medical proof to verify the employee’s impairment and the requirement for accommodations. On the other hand, they are not permitted to inquire about particulars concerning the employee’s medical status.

Q: What Is the New Law for Emotional Support Animals in California?

A: The newest law for emotional support animals in California says that the sale and certification of emotional support animals requires clearer documentation and prohibits the misrepresentation of emotional support animals as service animals. It aims to reduce fraud and ensure the legitimate use of emotional support animals.

Contact Hennig Kramer LLP

If you are in need of an emotional support animal or service animal at work, it’s crucial to know your rights. Contact Hennig Kramer LLP today to protect your rights and ensure you receive the fair treatment you deserve.