Do I Have a Right to Bring a Service Animal to Work in New Jersey?
Jun 5, 2023 | Written by: | Share
In recent years, the recognition and understanding of service animals has grown significantly. These highly trained animals provide invaluable assistance to individuals with disabilities, enabling them to navigate their daily lives with increased independence and functionality. While service animals are commonly seen in public spaces, questions often arise when it comes to their presence in the workplace. This blog aims to shed light on the rights of individuals with disabilities to bring their service animals to work in New Jersey.
The legal framework that governs the presence of service animals in the workplace primarily stems from two key laws: the Americans with Disabilities Act (ADA) and the New Jersey Law Against Discrimination (NJLAD). Both statutes provide protections for individuals with disabilities and address the accommodation of service animals in different settings. The ADA is a federal law that prohibits discrimination against individuals with disabilities in various areas, including employment. Under the ADA, employers are required to provide reasonable accommodations to qualified individuals with disabilities, which includes allowing the presence of service animals in the workplace as long as it does not cause undue hardship to the employer. The NJLAD is a state law that provides additional protections to individuals with disabilities in New Jersey. The NJLAD mirrors the ADA's requirements for employers to reasonably accommodate individuals with disabilities, including the allowance of the use of service animals.
To benefit from the protections afforded by the ADA and NJLAD with respect to the use of service animals in the workplace, certain criteria must be met. One, the person must have a recognized disability as defined by the ADA and NJLAD. This includes individuals with physical, sensory, psychiatric, or intellectual disabilities that substantially limit one or more major life activities. Secondly, the animal must be a service animal as defined by the ADA. This refers to a dog (and, in some cases, a miniature horse) that is individually trained to perform tasks or services that mitigate the individual's disability. Examples of such tasks or services include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, retrieving dropped items, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, and calming a person with Post Traumatic Stress Disorder during an anxiety attack, among others. Additionally, the service animal must always remain under the control of the handler. This can be accomplished by using a harness, leash, or other tether. However, in cases where the handler is unable to use a harness, leash, or other tether because of his or her disability, the service animal must be under the handler’s control by some other means, such as via voice control. Further, the service animal must be housebroken, and should be vaccinated in accordance with state law. Of note, emotional support animals and therapy animals do not have the same legal protections as service animals under the ADA and NJLAD, and are not considered service animals.
It is well known that employers are required to make reasonable accommodations to enable employees with disabilities to perform their job duties. Allowing an employee to bring a service animal to work is considered a reasonable accommodation in most cases. However, there may be exceptions if the presence of the animal poses an undue hardship on the employer, such as an allergic employee or an environment where the animal's presence would create safety hazards. Accordingly, when an employee requests to bring a service animal to work as a reasonable accommodation, an open exchange should take place between the employer and the employee to discuss the employee’s specific needs, potential accommodations, and any concerns raised by either party.
If you have any questions regarding an employee’s right to bring a service animal to work, it is important that you consult with an experienced employment law attorney who can evaluate your situation and advise you on your legal options.
Sharon M. Flynn, Esq. is a partner with Gebhardt & Kiefer, PC, and practices primarily in the areas of general litigation, employment law, and insurance defense.
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Any statements made herein are solely for informational purposes only and should not be relied upon or construed as legal advice.