ADA Frequently Asked Questions

Category: Title I: Employment

Do employers need to allow an emotional support animal (ESA) as a job accommodation?

Titles II and III of the ADA contain a definition and other specific requirements for trained service animals regarding their public access protections. However, under Title I, any request related to employment—including a modification to a no-pets or no-animals policy—must be addressed as a reasonable accommodation request. This can include asking for documentation that confirms the disability and functional limitations.

Unlike other parts of the ADA, Title I does not distinguish between service animals or emotional support animals (ESAs) when it comes to accommodation requests. Therefore, employers must evaluate requests for assistance animals the same way they would any other accommodation request. Relevant factors could include, but are not limited to:

• The essential functions of the job;
• The behavior of the animal;
• The person’s ability to care for or supervise their animal;
• Whether the animal’s presence will be allowed in other spaces or facilities (Example: ESAs are not required to be admitted into hotels that don’t allow pets. This could impact an employee’s ability to travel for work); and
• Whether the animal’s presence would result in an undue hardship or a direct threat to health or safety.

Employers should discuss any concerns with the employee as part of the interactive process before denying a request. There may be reasonable solutions that eliminate the concern which an employer is required to consider. For example, if toileting is a concern, an employee could request a modified break schedule that allows them to take their animal outside to relieve itself. Employers can also consider a trial period to determine whether the animal’s presence will be an effective and reasonable long-term solution.

As with other Title I requests, if an accommodation is reasonable and effective, it should be allowed.

Resource(s):
ADA Audio Webinar: Assistance Animals in Employment
Emotional Support Animals in the Workplace: A Practical Approach - Job Accommodation Network (JAN)
Taking a Service Animal to Work - ADANN