Americans with Disabilities Act service animals?

Answer 1

You posted in Cats. So I'm assuming your asking if a cat can be a ADA Service Animal.

The legal answer is yes. However, you must be disabled and the cat/animal must be individually trained. Most schools agree that the animal must know 3 different tasks to be a proper service animal.

Animals being friendly, cute and loving is not a task, and is specifically denied in the ADA as a service animal. Therapy Dogs, are just well trained pets that are friendly, hence not a service animal. ESA's, Emotional Support Animals are just well trained pets for the disabled, and allowed to be in 'no pet' apartments.

Service Animals are only for the disabled, period. If your not disabled, it's a serious crime in most places to present one (i.e. felony or jail time).

Answer 2

The US Federal Government enacted the ADA in 1990 to protect disabled persons including their Service Dogs while in public. This law merged all the little laws of the time in to one common document. It is split in to 3 sections, Title I covers workplace and disabled employees, Title II covers Public Transportation (including private Taxis) and Title III covers businesses and nonprofits interacting with the disabled.

Here are the laws that relate to service dogs.

Does the ADA apply to the workplace?

Title I of the ADA applies to the workplace. It's not exactly the same as Title III which applies to public accommodations in that access is not necessarily automatic. You may have to provide your employer with proof of your disability and need for a service animal in the form of a letter from your treating physician. Other state and Federal Laws may also apply in some instances.

Issues involving employment and service animals should be directed to the Equal Employment Opportunity Commission. To find the EEOC office near you, check the EEOC web site at http://www.eeoc.gov/offices.html. You also can call the EEOC at 1-800-669-4000/1-800-669-6820 (TTY).

Title I requires employers with 15 or more employees to provide qualified individuals with disabilities an equal opportunity to benefit from the full range of employment-related opportunities available to others. For example, it prohibits discrimination in recruitment, hiring, promotions, training, pay, social activities, and other privileges of employment. It restricts questions that can be asked about an applicant's disability before a job offer is made, and it requires that employers make reasonable accommodation to the known physical or mental limitations of otherwise qualified individuals with disabilities, unless it results in undue hardship. Religious entities with 15 or more employees are covered under title I.

Business must provide reasonable accommodations to protect the rights of individuals with disabilities in all aspects of employment. Possible changes may include restructuring jobs, altering the layout of workstations, or modifying equipment. Employment aspects may include the application process, hiring, wages, benefits, and all other aspects of employment. Medical examinations are highly regulated.

Service Dogs are barred from certain locations in the workplace: kitchens (where food is prepared), clean rooms. The workplace should make every effort to accomodate before denying a Service Animal.

Service Animals and Public Transportation

The transportation provisions of Title II cover public transportation services, such as city buses and public rail transit (e.g. subways, commuter rails, Amtrak). Public transportation authorities may not discriminate against people with disabilities in the provision of their services. They must comply with requirements for accessibility in newly purchased vehicles, make good faith efforts to purchase or lease accessible used buses, remanufacture buses in an accessible manner, and, unless it would result in an undue burden, provide paratransit where they operate fixed-route bus or rail systems. Paratransit is a service where individuals who are unable to use the regular transit system independently (because of a physical or mental impairment) are picked up and dropped off at their destinations.

Public services, which include state and local government instrumentalities, the National Railroad Passenger Corporation, and other commuter authorities, cannot deny services to people with disabilities or participation in programs or activities which are available to people without disabilities. In addition, public transportation systems, such as public transit buses, must be accessible to individuals with disabilities.

Service Dogs must be allowed to ride, free, with their handler on any public transport(Title II), including private taxis(Title III). Religious beliefs or allergies are not valid excuses to deny access.

ADA Title 3 - Public Acces with a Service dog

Title III covers businesses and nonprofit service providers that are public accommodations, privately operated entities offering certain types of courses and examinations, privately operated transportation, and commercial facilities. Public accommodations are private entities who own, lease, lease to, or operate facilities such as restaurants, retail stores, hotels, movie theaters, private schools, convention centers, doctors' offices, homeless shelters, transportation depots, zoos, funeral homes, day care centers, and recreation facilities including sports stadiums and fitness clubs. Transportation services provided by private entities are also covered by Title III.

Public accommodations must comply with basic nondiscrimination requirements that prohibit exclusion, segregation, and unequal treatment. They also must comply with specific requirements related to architectural standards for new and altered buildings; reasonable modifications to policies, practices, and procedures; effective communication with people with hearing, vision, or speech disabilities; and other access requirements. Additionally, public accommodations must remove barriers in existing buildings where it is easy to do so without much difficulty or expense, given the public accommodation's resources.

Courses and examinations related to professional, educational, or trade-related applications, licensing, certifications, or credentialing must be provided in a place and manner accessible to people with disabilities, or alternative accessible arrangements must be offered.

Commercial facilities, such as factories and warehouses, must comply with the ADA's architectural standards for new construction and alterations.

All new construction and modifications must be accessible to individuals with disabilities. For existing facilities, barriers to services must be removed if readily achievable. Public accommodations include facilities such as restaurants, hotels, grocery stores, retail stores, etc., as well as privately owned transportation systems.

Service Dogs must be allowed to enter with their handler, may not be questioned beyond the greeter and may not be treated differently. Religious beliefs or allergies are not valid excuses to deny access.

Service Dogs are part of the same law that allows wheel chair ramps, handicap bathrooms and non discrimination based on gender/sex, color, ethnicity, age or religion. So when a person violates the law by denying a service dog, it's just as bad as denying based on age or race. That is why the DOJ does the investigation, it's a fundimental rights violation.

It warrants mentioning that no fewer than three federal agencies enforce rules regarding service animals: The Department of Housing and Urban Development (1973), the Department of Justice (1990 ADA - Civil Rights Division), and the Department of Transportation (1986 Air Carrier Act) - meaning a disabled person with a service animal who leaves their apartment, takes a bus or cab to the airport, and gets on a plane has navigated through three different federal sets of rules and regulations.