News & Analysis as of

Service Animals

Miss Manners Delicately Sidesteps Employment Law Faux Pas!

And did it with such grace! After all, she is Miss Manners. This is another installment in my unofficial series, "Second-guessing the advice columnists." My all-time favorite advice columnist is Miss Manners, who...more

Just Who Is Considered “Disabled” Under The Fair Housing Act?

by Fox Rothschild LLP on

Although it comes up most frequently when I review emotional support animal reasonable accommodation requests under the Fair Housing Act (FHA), the issue of just who is “disabled” is one for all of us in the professional...more

Catching Up With Reader Assistance Animal Questions

by Fox Rothschild LLP on

First, let me go off topic for a minute to wish everyone a happy and healthy Thanksgiving holiday. As I do once a year, I want to give a special shout out to my wife (Hi Sweetie!) to see if she actually reads these posts....more

U.S. District Court Issues Important Emotional Support Animal Medical Verification Opinion

by Fox Rothschild LLP on

I have written in this space (and elsewhere) about the difficulties encountered by professional apartment management companies in the face of emotional support animal medical verifications from residents that are purchased...more

Dear Littler: How Do You Address Employee Service Animal Accommodation Requests Under the ADA?

by Littler on

Dear Littler: I read a New Yorker article about people bringing their dogs everywhere, claiming they were emotional support animals. It mentioned a dog trying to get into Carnegie Hall. But everyone knows there’s only one...more

Fake Service Dog Attacks Real Service Dog

by Fox Rothschild LLP on

I’ve been posting about the problems companies face when a customer wants to bring in a fake service dog. One of the biggest issues for companies is figuring out which dogs are fake service dogs and which dogs are real...more

Timelines For Responding To Reasonable Accommodation Requests

by Fox Rothschild LLP on

In response to a question, here is a short Fair Housing Act (FHA) primer on the timeline for responding to reasonable accommodation or reasonable modification requests. Under our FHA, “discrimination” includes “a refusal to...more

Thoughts On National Registration For Service Dogs

by Fox Rothschild LLP on

I’ve posted before, regarding the dilemma business owners have when faced with a customer with a dog (fake service dog) or a customer with an animal (emotional support animal – which are not afforded the same protections as...more

Campus Companions: How To Handle Requests For Service And Assistance Animals

by Fisher Phillips on

School officials often receive requests from students with disabilities to bring “service animals” and “assistance animals” on campus as an accommodation. Under the Americans with Disabilities Act (ADA), Section 504 of the...more

A Dog, A Bunny And A Cat Walk Into A Diner – What’s The Diner’s Owner To Do?

by Fox Rothschild LLP on

As the weather in South Florida turns cooler and the snow birds start flying south, there is a remarkable increase in the number of little dogs (and other animals) one sees in their local Publix grocery stores and favorite...more

Dogged by Dogs at Work: Barking Up the Wrong Tree?

by Akerman LLP - HR Defense on

Suppose you hire Kristin Chenoweth to be your new TV show host, and she shows up on the set with her dog Thunder, claiming she needs the dog for emotional support. Must you allow this distraction?...more

Issues With Online Emotional Support Animals Medical Verifications

by Fox Rothschild LLP on

The issue of online medical verifications for emotional support animals (ESA’s) is an ongoing problem for professional apartment management. As written in this space before, we want to approve all legitimate reasonable...more

What’s the Difference Between A “Service Animal,” An “Assistance Animal,” And An “Emotional Support Animal”?

by Fox Rothschild LLP on

As written in this space (and elsewhere) all too frequently, professional apartment owners and managers have seen a significant surge in the number of reasonable accommodation requests by residents with animals. Some of these...more

Potential Risks From Pet Therapy Programs

by Fox Rothschild LLP on

Pet therapy programs have been expanding throughout the country, based largely on the increasing recognition that humans benefit from the human-animal bond. The human-animal bond is defined by the American Veterinary Medical...more

An Employer’s Guide On Service Animals And The ADA

by SmithAmundsen LLC on

Under the Americans with Disabilities Act (ADA) it is unlawful for an employer to discriminate against a qualified individual on the basis of disability, and this includes not making reasonable accommodations to the known...more

July Is the New January: Beware of Employment Regulations About to Take Effect

by Littler on

As we close out the first half of the year, July ushers in numerous changes in labor and employment law. Notably, many statutes and administrative regulations across the country become operative in July. Before the fireworks...more

HUD Approves $20,500 Assistance Animal Fair Housing Settlement

by Fox Rothschild LLP on

Earlier this month, the U.S. Department of Housing and Urban Development (HUD) approved a settlement agreement concerning assistance animals and fees charged to residents. To resolve pending Fair Housing Act (FHA) disability...more

Food & Beverage Litigation Update | June 2017 #3

FDA Delays Compliance Date for Nutrition Facts Labeling - The U.S. Food and Drug Administration (FDA) has announced that it will postpone the deadline for food companies to use a revised Nutrition Facts label on packaged...more

Dear Littler: Do I Really Have to Let an Employee Bring an “Emotional Support Pig” to Work?

by Littler on

Dear Littler: One of our employees here in Iowa has requested to bring a pet pig to work for “emotional support” purposes. A pig! In a factory! Do I need to entertain her request? And if so, what do I tell other employees?...more

Some Further Thoughts On Medical Verifications For Emotional Support Animals

by Fox Rothschild LLP on

A couple of interesting emotional support animal medical verification questions have hit my desk over the past month. First, recall that case law on the issue of permissible credentials of a medical or health care...more

Bringing Your Dog to Work: Service Animals as Disability Accommodation

The reasonable accommodations for an employee’s disability that may be required by the Americans with Disabilities Act and the Connecticut Fair Employment Practices Act can take many forms, including an employee coming to...more

Federal Court Provides Guidance on Service Dogs as a Reasonable Accommodation Under the ADA

by Clark Hill PLC on

On March 29, 2017, the United States District Court for the Eastern District of Michigan identified factors employers should consider if presented with the novel, but increasingly popular, employee disability accommodation...more

What Happens When The Federal Fair Housing Act Conflicts With A City Or County Ordinance?

by Fox Rothschild LLP on

While many apartment communities are “pet friendly” and welcome animals, almost every community has restrictions concerning, for example, certain breeds and/or weight limits for pets. In addition to the community policy on...more

Whiskey For My Men, Beer For My (Service) Horse – A Business Owner’s Primer On Service Animals And The ADA

by SmithAmundsen LLC on

A guy and his horse walk into a bar… This could be the start of a funny joke, or the beginning of an American with Disabilities Act (ADA) complaint that can cost your business thousands of dollars in defense costs and...more

Do Emotional Support Animal Medical Verifications Last Forever?

by Fox Rothschild LLP on

A legitimate question from leasing office professionals I get from time to time is: “We approved an emotional support animal for a resident two years ago. Does that approval continue indefinitely or can we seek a supplemental...more

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