I recently saw information regarding service animals in businesses, and although this doesn’t fall under my normal categories of bookkeeping, sales tax or payroll, I thought I’d share it as many of my clients own businesses in industries impacted by this requirement.
Under the Americans with Disabilities Act (ADA), privately owned businesses that serve the public are prohibited from discriminating against individuals with disabilities. The ADA requires these businesses to allow people with disabilities to bring their service animals onto business premises in whatever areas customers are generally allowed. A service animal is any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability. Service animals perform some of the functions and tasks that the individual with a disability cannot perform for him or herself.
The ADA requires you to modify your “no pets” policy to allow the use of a service animal by a person with a disability. This does not mean you must abandon your “no pets” policy altogether but simply that you must make an exception to your general rule for service animals. If the local health department only allows for guide dogs and a person brings another type of service animal, you must allow them to bring the animal with them into your facility. The ADA provides greater protection for individuals with disabilities and so it takes priority over the local or state laws or regulations.
You may exclude any animal, including a service animal, from your facility when that animal’s behavior poses a direct threat to the health or safety of others. For example, any service animal that displays vicious behavior towards other guests or customers may be excluded. Although a public accommodation may exclude any service animal that is out of control, it should give the individual with a disability who uses the service animal the option of continuing to enjoy its goods and services without having the service animal on the premises.
To make sure your business is in compliance with these regulations, have all staff members trained on what types of animals are allowed so that they do not accidentally put your business in jeopardy of an ADA suit. For more information on this topic, see http://www.ada.gov/service_animals_2010.htm.
I hope you found this information helpful.
Candy
