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Adelio, who is blind and uses a service animal, applies to work as a cashier at your company's snack bar. Adelio explains that the dog can sit near the cash register area while he works. The snack bar manager wants to reject Adelio outright because of the dog. She also points to the snack bar’s clearly posted policy of “no pets” allowed. Is it okay to automatically reject Adelio because of his dog?
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Answer: |
No, your company may not automatically reject Adelio because he uses a service animal. To do so may violate the Americans with Disabilities Act (ADA). According to the Equal Employment Opportunity Commission (EEOC), Adelio must be allowed to keep his dog near the cash register area unless you can prove that allowing him to do so would be an “undue hardship” on your business, or would pose a direct threat to the health or safety of your other employees or the public. Guidance can also be found in the FDA Food Code, which has special rules regarding service animals for restaurants and other food service employers.
As far as the “no pets” policy is concerned, a service animal is not a pet. The ADA defines a service animal as any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability. If an animal meets this definition, it is considered a service animal under the ADA, regardless of whether the animal has been licensed or certified by a state or local government. The ADA requires employers to modify a “no pets” policy to allow the use of a service animal by a person with a disability. This does not mean that you must abandon your “no pets” policy altogether; it simply means that you must make an exception to your general rule for service animals.
Source: EEOC Fact Sheet: ADA Guide for Restaurants and Other Food Service Employers, reported in CCH Accommodating Disabilities Business Management Guide ¶140,940.
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