News & Analysis as of

Reasonable Accommodation Emotional Support Animals Americans with Disabilities Act (ADA)

Chartwell Law

Tennessee Law Distinguishes ESAs from Service Animals in Restaurants

Chartwell Law on

Tennessee restaurant owners have likely experienced patrons bringing emotional support animals (ESAs) into their restaurants. Those owners have also likely wondered what restrictions exist under current law on allowing ESAs...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fido, Sit... Stay... and Rollover for Your Court-Ordered ADA Inspection

In the employment context, employers are required to consider whether an employee’s Americans with Disabilities Act (ADA) request to bring a service animal or an emotional support animal (ESA) to work qualifies as a...more

Sherman & Howard L.L.C.

Failure to Tie Request for Service Dog to Job Functions Dooms ADA Claim

A recent court decision confirms the complexity of evaluating employee accommodation requests involving service dogs under the Americans with Disabilities Act (ADA). A military veteran who experienced horrific suffering while...more

Miller Nash LLP

What Colleges and Universities Need to Know about Service Animals, Emotional Support Animals, and Assistance Animals

Miller Nash LLP on

This is the second blog post in our new series on Assistance Animals, Service Animals, and Emotional Support Animals. See the first post here. Stay tuned in the coming weeks for blog posts addressing unique questions and...more

Bradley Arant Boult Cummings LLP

Is the Office Going to the Dogs? “Ruff” Questions on Service and Emotional Support Animals

Can you have a no pets at work policy? What if an employee has a service dog? What if it is an emotional support dog? As with all things legal (and ADA), it depends, and you should give some thought and engage in an...more

Maynard Nexsen

Emotional Support Animals as Workplace Accommodations

Maynard Nexsen on

As private employers push for remote workers to return to the office, they have faced an increasingly common dilemma—are emotional support animals permitted in the workplace as a reasonable accommodation for a disability?...more

Miller Nash LLP

What You Need to Know About Service Animals, Emotional Support Animals, and Assistance Animals

Miller Nash LLP on

In the last few years, employers, education institutions, and places of public accommodation (e.g., airports, grocery stores, and hotels) have seen an increase in individuals who want to bring their Assistance Animal, Service...more

Whitman Legal Solutions, LLC

What Documentation May a Landlord Require from a Tenant With an Assistance Animal?

Laws regarding service and emotional support animals can be confusing to property owners—and guidance can vary depending upon the type of animal and its function. For example, recently, the Department of Housing and Urban...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Emotional Support Animals and Access to Public Facilities

Imagine you are in charge of a facility that is open to the public—perhaps a church, a restaurant, a hardware store, or an apartment building. A woman enters with a dog on a leash. She says the dog is a service dog or...more

Akerman LLP - HR Defense

Service and Support Animals: What Businesses Can and Cannot Do

We have all seen it. The unruly lap dog brought into a restaurant, yipping away, or the big dog running through a store dragging along its owner who, of course, claims it is a “service animal,” even though it clearly is not....more

Lasher Holzapfel Sperry & Ebberson PLLC

When Animals Are More Than a Pet: Differences in Rights and Responsibilities for Service and Emotional Support Animals

What is the difference between a service animal and an emotional support animal? A service animal is a dog which has been trained to perform a specific task or to do work directly related to a person’s disability. Service...more

Holland & Hart LLP

Service Animals 101: Keep Your Business Out of the Legal Doghouse

Holland & Hart LLP on

QUESTION: What are “Service Animals”, and to what extent: Must they be allowed on business premises? Can they be refused or removed from premises? ...more

FordHarrison

DIVERSITY IN THE WORKS: Public Accommodation of Service Animals and Emotional Support Animals

FordHarrison on

Executive Summary: Title III of the Americans with Disabilities Act (ADA) prohibits disability discrimination in places of public accommodation, which includes businesses (including transit) that are open to the public – like...more

Seyfarth Shaw LLP

California Governor Takes Action to Combat Emotional Support Animal Fraud

Seyfarth Shaw LLP on

Seyfarth Synopsis: California enacts new law, effective January 1, 2022, to crack down on fraudulent emotional support dogs....more

Mitratech Holdings, Inc

Service Animals in the Workplace

Service animals fulfill a vital function for their handlers. They allow people who have disabilities that substantially limit one or more major life areas to function independently....more

Womble Bond Dickinson

The Zoo at 38,000 Feet

Womble Bond Dickinson on

The final rule on Traveling by Air with Service Animals in the Air Carrier Access Act (ACAA), codified in 14 CFR Part 382 and published in December, took effect January 11, 2021....more

Patrick Malone & Associates P.C. | DC Injury...

U.S. collars owners’ outlandish claims for flying ’emotional support’ animals

Um, no, federal regulators have decided: The nation’s skies no longer will be a sort of bad airborne set for a pop psychology version of Fantastic Beasts and Where to Find Them. Instead, owners of  so-called emotional support...more

Littler

Snakes Off a Plane

Littler on

Acclaimed actor Samuel L. Jackson put it best when he exclaimed in a 2006 film: “Enough is enough.  I have had it with these [expletive] snakes on this [same expletive] plane.”  With its final rule under the Air Carrier...more

Ward and Smith, P.A.

In-House Counsel Seminar Insights: Group Exercise Highlights Tricky Employment Law Issues

Ward and Smith, P.A. on

Hammertime Security is a nationwide cybersecurity firm whose in-house counsel faces a slew of tricky legal problems: - Managers posting unprofessional content on social media - Employees publicly complaining about...more

Cozen O'Connor

Comfort Animals are Not Service Animals: U.S. DOT to Narrow Scope of Service Animal Accommodations

Cozen O'Connor on

The U.S. Department of Transportation (DOT) has proposed significant changes to its disability regulations relating to the transportation of service animals by air. DOT’s current regulations require that airlines allow...more

Jaburg Wilk

A Peacock Walks into the Office

Jaburg Wilk on

Emotional support animals seem to be everywhere. We see them on planes, in restaurants, and other businesses. Places that were once off-limits to animals have “gone to the dogs.” What do you do, however, when your employee...more

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