The Law: Pets in the Workplace

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Celebrating National Take Your Dog to Work Day ๐Ÿ—“๏ธ

National Take Your Dog to Work Day is celebrated on June 21, thanks to Pet Sitters International, which created this day to encourage employers to allow dogs in the workplace for one Friday each year.

Expanding Pet-Friendly Policies ๐Ÿพ

Many employers are updating their employee handbooks to include more extensive pet-friendly policies, primarily involving dogs. Companies like Amazon and PetSmart allow employees to bring their dogs to work. At Amazon, over 10,000 dogs are registered to come to work, with each dog receiving a badge that allows access to designated buildings.

Service Animals vs. Pets ๐Ÿฆฎ

What are Service Animals? ๐Ÿ‘ฉโ€๐Ÿฆฏ

Service animals are specifically trained to perform tasks for individuals with disabilities. These tasks include guiding the blind, alerting the deaf, or pulling a wheelchair. The work a service dog performs must be directly related to the person’s disability. Service dogs are allowed in all areas of the workplace where employees are typically permitted, even if there is a no-pets policy.

Bringing Service Animals to Work ๐Ÿ“

When bringing a service animal to work, the employer may need detailed information about the employeeโ€™s disability and how the service animal assists with essential job functions.

Emotional Support Animals ๐Ÿ•

Definition and Rights ๐Ÿงธ

Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the Americans with Disabilities Act. Emotional support dogs are not required to perform specific tasks other than comforting their owner. Employers must determine if allowing an emotional support dog at work is a reasonable accommodation.

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Legal Precedents โš–๏ธ

In one case, the District Court for the District of Columbia ruled there was no objective evidence that allowing an employee to bring an untrained puppy to work would decrease his anxiety and improve job performance. The court highlighted the challenge of setting limits, as this could apply to any pet providing comfort.

Ensuring a Safe Workplace ๐Ÿ›ก๏ธ

Employers have the right to maintain a safe workplace. If a service or emotional support dog poses an undue hardship or direct threat to health and safety, its presence can be prohibited.

Addressing Health and Safety Concerns ๐Ÿšจ

Issues such as allergies, distractions, tripping hazards, and potential for roughhousing must be addressed. Employers should discuss these concerns with the petโ€™s owner, covering topics like bite risks, roughhousing, phobias, barking, whining, and waste management.

Insurance Considerations ๐Ÿ’ผ

Employers should consult their insurance agents about coverage for dogs in the workplace and request proof of insurance from the dog owner. For instance, an employee could file a negligence or workers’ compensation claim for a dog bite occurring at work.

Legal Case Example ๐Ÿ“œ

In California, a marriage and family therapistโ€™s dog bit a patient during a session, leading to extensive litigation over which insurance policies applied. Thus, itโ€™s crucial for employers to require insurance coverage and review policies for workplace exceptions.

Implementing a Pet Work Policy ๐Ÿ“‹

Employers should establish a written pet work policy, informing employees of their rights and responsibilities and providing contact information for any concerns about pets in the office.

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