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Service Animal at Workplace in Los Angeles: Know Your Rights

December 31, 2024 Legal Team

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.

What Is a Service Animal?

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:

  • Guiding individuals who are blind.
  • Alerting individuals who are deaf.
  • Assisting individuals with mobility impairments.
  • Detecting seizures or other medical conditions.

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.

Your Rights as a Los Angeles Employee with a Service Animal

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:

Reasonable Accommodation

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.

No Discrimination

Employers cannot refuse to hire, fire, or otherwise discriminate against an employee because they use a service animal.

Privacy

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.

Access

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.

Employer Responsibilities in Los Angeles

Employers in Los Angeles also have specific responsibilities to ensure compliance with federal and state laws. These include:

Engaging in the Interactive Process

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.

Evaluating Undue Hardship

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.

Providing Alternative Solutions

If a service animal cannot be accommodated, employers must explore alternative accommodations, such as modifying job duties or providing assistive technology.

Maintaining a Safe Workplace

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.

When Can a Service Animal Be Excluded?

While service animals are generally allowed, there are limited circumstances where an employer can deny or remove them from the workplace:

  • Disruption: If the service animal’s behavior is disruptive, such as excessive barking or aggression, the employer can request its removal.
  • Threat to Safety: If the service animal poses a direct threat to the safety of others, such as in environments with hazardous machinery, the employer may deny the request.
  • Not Trained for Tasks: If the animal is not trained to perform specific tasks related to the employee’s disability, it may not qualify as a service animal under the ADA.

Steps to Request a Service Animal in the Los Angeles Workplace

If you are an employee in Los Angeles and need to bring a service animal to work, follow these steps:

  1. Notify Your Employer: Inform your employer of your need for a service animal and explain how it assists you in performing essential job functions.
  2. Engage in the Interactive Process Also: Work with your employer to discuss your needs and address any concerns.
  3. Provide Verification: Be prepared to explain the tasks your service animal is trained to perform. Employers may request documentation confirming the need for the service animal, but they cannot ask for medical records.
  4. Be Proactive: Address potential concerns, such as allergies or safety risks, and offer solutions, such as seating arrangements or barriers.