Episode 07: "Next Gen" Reasonable Accommodations And Disability Law Trends
Minnesota Governor Tim Walz signed a bill significantly amending the Minnesota Human Rights Act (MHRA) on May 15, 2024. The MHRA, otherwise known as Minnesota’s anti-discrimination statute, already prohibited discrimination...more
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
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
We have received an increasing number of questions about service animals — and most recently — an inquiry about miniature horses. While the statutory definition of "service animal" under Title III of the Americans with...more
We regularly receive questions from employers about their obligation to permit employees to bring their dogs or other service animals to work as a form of accommodation under the Americans with Disabilities Act. Employers are...more
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
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
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
C.G. by and through P.G. v. Saucon Valley Sch. Dist., 5:21-CV-03956, 2021 WL 5399920, at *1 (E.D. Pa. Nov. 18, 2021). The District Court for the Eastern District of Pennsylvania grants student’s request for preliminary...more
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
Imagine you are the owner of a valuable service animal, a German Shepherd, and you need to board the dog while you attend a conference. What rights, if any, does the German Shepherd have for protection under the American...more
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
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
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
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
On January 22, 2020, the U.S. Department of Transportation (DOT) proposed new amendments to the Air Carrier Access Act (ACAA) regulations. These amendments would further restrict the type and use of service animals on...more
The United States Department of Justice (DOJ) recently announced settlements with two hotel properties to resolve complaints under Title III of the Americans with Disabilities Act (ADA) involving service animals. In both...more
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
At its most basic, your obligations with respect to any animal (and necessarily, its human companion) depend upon what kind of animal it is. An area that often leads to questions, especially given recent efforts by...more
Given the menagerie of terms, it is easy to see why some business owners are quite confused about what to do when they are asked to permit an animal in their places of business. Part of the confusion comes from the multitude...more
As a proud “dog dad,” I certainly appreciate our furry friends. However,service animals can cause problems in the workplace and leave businesses questioning how to handle the situation. There are two major issues for...more
Seyfarth Synopsis: Is it a service animal or an emotional support animal? Do I have to allow both? How to tell one from the other, and the rules that apply....more
“Drive-by” lawsuits under the Americans with Disabilities Act (ADA) are more prevalent than ever and continue to rise. ...more
We all love and indulge our pets. My cats have “contributed” to my articles by walking across my keyboard as I work. I was less thrilled with the cats when one left a dead mouse as a present on my stairs. For some people,...more
...Under the Americans with Disabilities Act (ADA), “Service Animals” are defined as dogs that are individually trained to do work or perform tasks for people with disabilities. This means the dog must be trained to take a...more