A psychiatric service dog at work
Psychiatric service dogs
The rules you know from shops and restaurants do not apply here. The workplace has its own, and they involve a negotiation.
A different title, a different test
Public access runs on Title III of the ADA, where a service dog is admitted and staff may ask two questions. Employment runs on Title I, where bringing a service dog to work is a request for a reasonable accommodation, assessed like any other.
The practical difference is large. There is no automatic right of entry, the employer may ask for more than two questions, and the answer comes out of an interactive process rather than a rule.
What an employer may ask for
- Reasonable documentation that you have a disability and need the accommodation, where the disability is not obvious.
- Information about what the dog does that relates to your limitations at work.
- Confirmation that the dog is trained and will not disrupt the workplace.
- They may not demand your full medical records, and the documentation they receive is a confidential medical record that must be kept separately.
The interactive process
The employer is expected to engage in a dialogue about what will work. They may propose an alternative accommodation, and they are entitled to choose between effective options even if the one they choose is not the one you asked for. What they may not do is ignore the request or refuse without considering it.
Undue hardship is the employer's defence, and it is a real but narrow one. Significant difficulty or expense, judged against the employer's size and resources. A sterile manufacturing environment or a colleague with a documented severe allergy are the kinds of facts that actually carry it; a preference for a dog-free office is not.
Making the request well
- Ask in writing, and use the phrase reasonable accommodation.
- Describe the function rather than the diagnosis: the dog performs a task that lets you remain at your desk through a symptom that would otherwise take you out of the building.
- Propose the practical arrangements before you are asked. Where the dog will be, who takes it out, how it is fed.
- Offer a trial period. Employers agree to pilots far more readily than to permanent changes.
- Expect it to take weeks rather than days, and keep a record of each step.
Common questions
- Can my employer refuse to let my service dog come to work?
- They may refuse only if no effective accommodation exists or if it would cause undue hardship. They may also offer an alternative accommodation that is effective, and they are entitled to choose between effective options.
- Can my employer ask for documentation?
- Yes, where the disability is not obvious. Unlike a shop, an employer may request reasonable documentation of the disability and the need for the accommodation.
- Does the ADA's two-question rule apply at work?
- No. That rule belongs to public accommodations under Title III. Employment is Title I, where the request is handled as a reasonable accommodation.