This article written by Dennis Unsworth of the Montana Human Rights Bureau provides an excellent summary of the laws and requirements related to service animals. Businesses that serve the public, such as restaurants, hotels, and retail stores, are prohibited from discriminating against people with disabilities. For example, people with disabilities must be allowed to bring their service animals into all areas customers are generally allowed. Some service animals wear collars, harnesses, or other means of identifying that they are service animals, but it’s not required. If you are uncertain, you can ask the person if it is a service animal required because of a disability. But the person who has the animal is not required to carry documentation or certification that it’s a service animal, and the animal does not have to wear a vest, collar or other identification. Your questioning must be limited to just the question of whether the animal is required because of a disability – the individual does not have to identify or describe their disability, or provide any other medical information. Even if you have a clearly-posted “no pets” policy, service animals must still be allowed. The Americans with Disabilities Act doesn’t require that you abandon your no pets policy, but it does require that you make an exception for service animals. They are not “pets.” Likewise, a deposit or surcharge can’t be imposed on an individual with a disability as a condition of allowing a service animal to accompany the individual. While the requirement to allow service animals in public places has been in place for over twenty years, the type of animal allowed changed in 2009. Under the new definitions, a service animal is any dog “individually trained to do work or perform tasks for the benefit of an individual with a disability.” Other species of animals are not service animals under the amended ADA. Some services dogs perform are probably familiar to you, but some might not be. For example: Guide dogs help blind people; “hearing dogs” can aid the deaf or hard of hearing. Mobility dogs are used by people in wheelchairs or by those who need help with balance. There are psychiatric service dogs for people with PTSD, depression, bi-polar disorder, agoraphobia (an anxiety disorder related to places where people feel immediate escape might be difficult), and panic attacks. There are service dogs that detect seizures and low blood sugar. “Social signal dogs” are trained to help people with autism. These dogs help with the sensory overload people with autism often feel, and help detect and calm their social fears – for instance, in strange places. Dogs are also trained to stop children with autism from running off. Service dogs help people with sensory input problems steer clear of obstacles. The Montana Human Rights Bureau, an agency of the Department of Labor, receives and investigates claims of unlawful discrimination, including claims that people with disabilities were discriminated against by not being allowed into a public accommodation with their service dogs. The Bureau can also answer your general questions about the law, and provide model policies you can use in your business.
Posted on: Tue, 13 Aug 2013 01:28:26 +0000
Trending Topics
Recently Viewed Topics
© 2015