News & Analysis as of

Disability Discrimination Service Animals

Dentons

Bite with no Bark: Eighth Circuit Recognizes Limitations on Certain ADA Accommodations

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In attempting to assess the complicated balance between an individual employee’s need for a service animal and the requirements of clients, customers, patients, and the workplace as a whole, the Eighth Circuit has weighed in...more

Ius Laboris

Hong Kong’s guide dog recommendations

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The Equal Opportunities Commission recently issued Guide Dogs: A Practical Guide with a view to better protect the rights of guide dog users in public settings....more

Fox Rothschild LLP

NJ Supreme Court Applies Law Against Discrimination to Emotional Support Animal Use in Housing

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Requests by a resident to have an emotional support animal that would violate a housing unit’s occupancy agreement must be analyzed under the New Jersey Law Against Discrimination, the New Jersey Supreme Court has ruled. As...more

Seyfarth Shaw LLP

Court Holds “Bully Breed” Dog That Identifies Onset of Panic Attack is a Service Animal

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A Puerto Rico federal court holding reminds us that an animal that performs work or tasks for a person with a psychiatric disability – such as identifying the onset of a panic attack and taking action to mitigate its effect –...more

Parker Poe Adams & Bernstein LLP

Can Miniature Horses Be in the Workplace?

Recently, we discussed whether a miniature horse qualified as a service animal allowed to enter public accommodations under Title III of the Americans with Disabilities Act. The answer is yes, but what does that mean for...more

Adams and Reese LLP

‘Pistol’ Shoots Blanks in Appeals Court Decision on Workplace Service Animal Accommodation

Adams and Reese LLP on

...What are employer obligations when an employee asks to bring a service animal into the workplace? This is a question faced more and more by employers, and the Sixth Circuit Court of Appeals recently offered guidance,...more

Manatt, Phelps & Phillips, LLP

First, Sixth Circuits Affirm Dismissal of ADA Claims

Considering the termination of a high school teacher who underwent hip surgery and the refusal of a hospital to allow a nursing student’s service dog, the U.S. Court of Appeals, First and Sixth Circuits, both affirmed...more

Seyfarth Shaw LLP

No MLB Baseball for Wally The Emotional Support Gator

Seyfarth Shaw LLP on

Occasionally we see a story in the news that we can’t resist blogging about, and this one is no exception: Last week, an emotional support alligator named “Wally” was denied access to Citizens Bank Park in Philadelphia to...more

Bond Schoeneck & King PLLC

A Case Worthy of Ushering in the Dog Days of Summer

As an avid, albeit misguided, reader of breaking news alerts, I am increasingly feeling like the narrator in the old Tom Petty song, “Jammin Me.” If you are like me and are feeling truly exhausted from the daily bombardment...more

Bradley Arant Boult Cummings LLP

No Dogs Allowed: Federal Court Rejects Service Dog Accommodation in Hospital Setting

Most of us know that when an employee or visitor to a place of public accommodation requests a reasonable accommodation, the ADA requires an interactive process to make an individualized determination. But what about a...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

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

Baker Donelson

"Heigh Ho, Heigh Ho, It's Back to Work We Go – But Can My Dog Go Too?"

Baker Donelson on

Approximately two years ago, the World Health Organization (WHO) declared COVID-19 a pandemic. In response, the world essentially shut down, with schools closed, outdoor events cancelled, and employees told to work from home....more

Holland & Hart LLP

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

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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

Whitman Legal Solutions, LLC

Landlords Must Allow Emotional Support Animals

Recently, the Department of Housing and Urban Development (HUD) filed a charge of discrimination claiming (Charge) claiming Missouri landlord Dahms Investments, L.L.C. (Dahms) violated the FHA by requiring a prospective...more

Cozen O'Connor

DOT Confirms That Comfort Animals Are Not Service Animals

Cozen O'Connor on

The U.S. Department of Transportation (DOT) has issued a new regulation, “Traveling by Air with Service Animals,” that substantially revises its rules governing the transportation of service animals onboard aircraft. Under...more

Fox Rothschild LLP

HUD Charges Buffalo, NY Property Owner With Disability Discrimination Related To An Assistance Animal

Fox Rothschild LLP on

In a press release issued a couple of weeks ago, the U.S. Department of Housing & Urban Development (HUD) charged a New York property owner with discrimination under the Fair Housing Act (FHA) asserting that the owner failed...more

Fox Rothschild LLP

A Brief History Of Miniature Horses And The ADA

Fox Rothschild LLP on

In 2008, the Department of Justice (“the DOJ”), Civil Rights Division, published a Notice of Proposed Rulemaking seeking to amend the regulations which enforce the ADA’s prohibition of discrimination in public accommodations....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

FordHarrison

Emotional Support Clowns a Laughing Matter?

FordHarrison on

A New Zealand advertising agency employee recently made headlines after bringing an emotional support clown to his termination meeting. Sensing the writing on the wall, the man paid $200 to hire a professional clown to...more

Franczek P.C.

Who Let the Dogs . . . In? Five Myths Busted About Service Animals in Schools

Franczek P.C. on

When you get a request for a service animal in school, your mind may race with concerns. What if students or staff are allergic? Is the dog going to be a distraction for other students? Where will the dog relieve itself?...more

U.S. Equal Employment Opportunity Commission...

Transport America to Pay $22,500 and Make Program Changes to Settle EEOC Disability Discrimination Suit

Trucking Company Charged Fees for Driver's Dog Although It Was a Reasonable Accommodation For His Disabilities, Federal Agency Charges - MINNEAPOLIS - The EEOC announced today that it concurrently filed a lawsuit and a...more

FordHarrison

Generalizations, Speculation and Stereotypes About Disabled Individuals Do Not Justify Refusal to Accommodate Use of Service...

FordHarrison on

On August 30, 2019, the U.S. Court of Appeals for the Third Circuit, covering New Jersey, Pennsylvania, Delaware, and the U.S. Virgin Islands, issued a precedential opinion in an important case interpreting the Americans With...more

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