Employees in Los Angeles who use service animals are protected under state and federal laws that ensure access and accommodation in the workplace. If issues arise, understanding your rights and responsibilities is essential to navigating this process.
If you’ve faced workplace discrimination for needing a service animal, contact our Los Angeles disability lawyers today. Call (949) 379-6250.
Under the Americans with Disabilities Act (ADA), a service animal is defined as a dog (or, in some cases, a miniature horse) that is trained to perform specific tasks directly related to an individual’s disability. These tasks may include:
Emotional support animals (ESAs), which provide comfort through their presence, are not considered service animals under the ADA. However, California law offers broader protections for ESAs in some situations, including housing, but not necessarily in the workplace.
Employees with disabilities in Los Angeles are protected under both federal and state laws, including the ADA and the California Fair Employment and Housing Act (FEHA). These laws require employers to provide reasonable accommodations, which may include allowing a service animal in the workplace. Key rights include:
Employers must engage in an interactive process to determine if a service animal is a reasonable accommodation that enables the employee to perform essential job duties.
Employers cannot refuse to hire, fire, or otherwise discriminate against an employee because they use a service animal.
Employers can ask if the animal is required because of a disability and what tasks it performs but cannot request detailed medical records or inquire about the nature of the disability.
Employees can have their service animals in areas of the workplace where they are needed, as long as the presence does not pose a safety risk or disrupt business operations.
Employers in Los Angeles also have specific responsibilities to ensure compliance with federal and state laws. These include:
If an employee requests to bring a service animal, the employer must discuss the request to determine whether it is reasonable and how it can be implemented.
Employers are not required to accommodate service animals if doing so would cause undue hardship, such as significant disruption or financial strain. However, this threshold is high, and the burden is on the employer to prove undue hardship.
If a service animal cannot be accommodated, employers must explore alternative accommodations, such as modifying job duties or providing assistive technology.
Employers must balance the rights of the employee with the service animal and the needs of other employees, such as allergies or phobias, by finding reasonable solutions for all parties.
While service animals are generally allowed, there are limited circumstances where an employer can deny or remove them from the workplace:
If you are an employee in Los Angeles and need to bring a service animal to work, follow these steps: