News & Analysis as of

Service Animals

Animals In The Workplace—No, This Is Not Another Blog About Sex Harassment

by Jackson Lewis P.C. on

You have just received an e-mail alerting you to a FIDO issue and you are wracking your brain to recall the statute for which FIDO is an acronym. Then you read on and learn the email is from your new HR specialist who seems...more

Peacock’s Flight Denied

by Fox Rothschild LLP on

You have likely heard about the recent attempt by an individual to board a flight with a peacock who purportedly served as an emotional support animal. See, e.g., “Woman denied emotional support peacock on United...more

California Apartment Owner Pays $100,000 To Settle Emotional Support Animal Fair Housing Case

by Fox Rothschild LLP on

Many times the cases with what look like the most egregious set of facts are the ones that get the most publicity. To that end, a fair housing case in California just settled with the owner of several apartment complexes and...more

Turkeys No Longer Fly Free – Delta Cracks Down On Emotional Support Animal Abuse

by Fox Rothschild LLP on

I’ve posted several times, regarding the dilemma of service dogs and emotional support animals (“ESA”). I was interested to see that Delta has recently tightened up its rules for service dogs and ESAs who fly on its...more

Prohibiting an Emotional Support Animal BEFORE it Bites Someone?

by Husch Blackwell LLP on

Everyone who deals with emotional support animals is well aware that the Federal Housing Administration (FHA) construes the law very favorably toward the person alleging a need for the animal. Once a person has a medical...more

New York Passes Law To Criminalize Fraudulent Assistance Animal Requests

by Fox Rothschild LLP on

Joining a handful of other states, New York recently enacted a state law making it a criminal offense to misrepresent that someone has a service or emotional support animal. The new statute, effective December 18, 2017, makes...more

New York Makes It Unlawful To Misrepresent Dogs As Service Animals

by Fox Rothschild LLP on

Beware: service dog fraud will not be tolerated in New York State, which recently passed a law prohibiting the misrepresentation of service dogs. The law, effective December 18, 2017, makes it unlawful for any person to...more

Would You Park Your Dog?

by Fox Rothschild LLP on

I’ve posted several times, regarding the dilemma a business owner faces when a customer enters the premises with a dog. Is it a service dog, is it an emotional support animal (“ESA”), what are my obligations under the health...more

New York Passes Law Against Service Animal Fraud, Joining Other States

by Seyfarth Shaw LLP on

Seyfarth Shaw Synopsis: Effective December 18, 2017, New York became the latest state to enact a law cracking down on fake service animals. ...more

DOJ Rescinds 10 ADA Guidance Documents

by Ballard Spahr LLP on

U.S. Attorney General Jeff Sessions recently announced that the Department of Justice (DOJ) rescinded 25 guidance documents that the department deemed unnecessary, inconsistent with existing law, or otherwise improper....more

Questions Management Cannot Ask When A Resident Seeks A Reasonable Accommodation Or Reasonable Modification

by Fox Rothschild LLP on

As apartment management company employees review and evaluate reasonable accommodation and reasonable modification requests, there are many times in which the leasing office believes it needs supplemental information in order...more

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

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