A common question recently is to what extent you have to accommodate a service animal or dog. Bear in mind that there is a difference between a service dog which is used by the disabled and an emotional support dog by non-disabled people who simply want the comfort and convenience of having their animal near them. For purposes of an example, assume you operate a fitness center.
Let us look at the HR law that may be applicable federally.
FEDERAL ADA
Bottom line: the ADA requires accommodation only for service dogs that are necessary to support one disability. It is not address or require emotional support dogs. Thus, the members dog may be banned.
A company may not discriminate against someone with a disability in a place of “public accommodation”. Hence, the ADA (ADA Title III Technical Assistance Manual; III-1.2000 Public Accommodations) applies to “places of exercise or recreation (e.g. gymnasiums, health spas, bowling alleys, and golf courses).”
However, the ADA requires accommodation only for service dogs. In other words, if an individual has a disability and the dog is trained to perform certain life functions, which would not apply to animals used for emotional support or mere comfort. This would include such assistance as pulling a wheelchair, leading the way for blind persons, retrieving dropped items, alerting a person to sound, reminding a person to take medication, or pressing an elevator button.
Parenthetically, it also appears that as to employees, there is no requirement of accommodating for service animals. The ADA has a definition of “service animal” and applies this definition to public accommodations, but Title I, applying to employment, has no such definition and no specific guidelines for employers to follow as to service animals.
Note also that emotional support dogs may be required if you are renting an apartment or house under the Fair Housing Act or traveling on an airplane under the Air Carrier Access Act. So if you are in HR consultant or department, be careful to follow these rules.
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