November 13, 2018

November 12, 2018

Subscribe to Latest Legal News and Analysis

DOJ Releases Supplemental Guidance on Service Animals Under the Americans with Disabilities Act

With the 25th anniversary of the Americans with Disabilities Act (“ADA”) just two weeks away, the U.S. Department of Justice (“DOJ”) has released a new technical assistance document addressing frequently asked questions regarding service animals and the ADA. This additional guidance is intended to be read in conjunction with the DOJ’s previous July 2011 technical assistance on Revised ADA Requirements: Service Animals, which remains in full effect.

ADA, american disabilities act, service animals, public accommodation, disability,

The DOJ has stated that this additional guidance is meant to further assist people with disabilities as well as places of public accommodation covered by the ADA – such as retail shops, restaurants, hotels, medical facilities, theaters and event spaces, and other places open to the public – in understanding how the ADA’s service animal provisions apply to them. Among other topics, the additional guidance addresses in detail:

  • the definition of a service animal, including the distinction between psychiatric service animals (which are covered under the ADA) and emotional support animals (which are not covered under the ADA, though certain state and/or local laws may provide broader protections);

  • requirements for service animal training , while making clear that the ADA does not require any specific certification, documentation, or identification for a service animal to qualify for protection under the law;

  • behavioral issues and the (very limited) circumstances in which service animals may be excluded; and

  • issues particular to service animal access in certain types of facilities, including food service and preparation areas, hotels, and hospitals.

Public accommodations and facilities covered by the ADA (including, but not limited to, those noted above) are well-advised to review the new guidance, which provides practical insight into these and other thorny issues that frequently arise with regard to service animal access.

© 2018 Proskauer Rose LLP.

TRENDING LEGAL ANALYSIS


About this Author

Allan H Weitzman, Proskauer Rose Law Firm, Labor Employment Attorney
Partner

Allan H. Weitzman, named by Best Lawyers as “Lawyer of the Year 2013” in Employment Law – Management in the Miami area, is a Partner in the Labor &  Employment Law Department and head of the labor and employment team in the Boca Raton office. He also is co-head of the Employment Law Counseling & Training, Non-Compete & Trade Secrets and Accessibility & Accommodations Groups, as well as a member of the International Labor & Employment Group.

561-995-4760
Laura M. Fant, Labor & Employment Attorney, Proskauer Law Firm
Associate

Laura M. Fant is an Associate in the Labor & Employment Department, resident in the New York office. She is a member of the Accessibility and Accommodations Practice Group, and frequently counsels on matters involving the Americans with Disabilities Act (ADA) and state public accommodation law, as well as disability accommodation in the workplace. She has experience conducting accessibility audits and providing ADA and accessibility training for clients in a variety of sectors, including retail, sports, and not-for-profit. Her practice also focuses on wage and hour and class and collective action litigation, and she is a frequent contributor to the Proskauer on Class and Collective Actions blog.

212-969-3631