Can A Ferret Be A Service Animal
Q: An employee has shown up for piece of work with a ferret on his shoulder, claiming it calms his anxiety and helps him avert panic attacks at work. When I suggested he leave his pet at dwelling, he became insulted and agitated, claiming he is legally entitled nether the ADA to bring his pet to piece of work because it is a "service animal" that enables him to do his job in spite of his mental health problems. Is he right?
A: While they are very intelligent, highly social animals that tin can form a stiff bail with their owners, ferrets are technically not service animals under the Americans with Disabilities Human activity.
Service fauna is defined in Title 3 of the ADA in the Public Accommodations section every bit "whatever domestic dog that is individually trained to practice work or perform tasks for the do good of an individual with a inability, including a physical, sensory, psychiatric, intellectual, or other mental inability. Other species of animals, whether wild or domestic, trained or untrained, are non service animals for the purposes of this definition. The piece of work or task performed by a service animal must be direct related to the individual's disability."
Title 3 protects the rights of individuals with disabilities to be accompanied past their service animals in public places such as restaurants, hotels, theaters, professional person service establishments, recreation facilities, and retail stores.
In contrast, Title I, the employment section of the ADA, does not include a definition for service animal, so there is no automatic entitlement to the use of a service creature in the workplace.
Instead, Title I requires employers to consider "reasonable accommodations," work environment adjustments that enable an employee with a inability to perform the essential functions of his or her job.
When presented with a request for an accommodation under Title I, an employer can ask for documentation.
Considering the scope of the ADA'south Title I reasonable accommodation obligation is quite broad, admitting less specific, information technology may require permitting non only service animals, i.e., dogs with special training to perform tasks that assist people with disabilities, but as well non-canine therapy or emotional support animals that provide companionship, salve loneliness, and sometimes assistance with depression, anxiety, and certain phobias—fifty-fifty though they do non have special training.
Your employee's reference to panic attacks, if medically documented, would most likely be recognized equally a disability, peculiarly nether the broader definition of disability contained in the 2008 amended ADA.
When presented with a request for an accommodation nether Championship I, an employer can ask for documentation to establish the existence of a disability, how information technology affects job operation, and how the animal helps the individual perform his or her job.
An employer's obligation is to reasonably suit known disabilities of employees. So while you may not accept had an obligation pre-disclosure, once a inability is disclosed, the obligation arises.
Equally long as the employee tin demonstrate that the specified accommodation will be effective and that he is capable of decision-making and caring for the animal without undue workplace disruption while still meeting job performance standards, information technology should exist seriously considered.
Can A Ferret Be A Service Animal,
Source: https://www.cbia.com/news/hr-safety/hr-hotline-can-an-employee-bring-a-pet-to-work-claiming-its-a-service-animal/#:~:text=A%3A%20While%20they%20are%20very,the%20Americans%20with%20Disabilities%20Act.
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