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The Department of Justice published revised final regulations implementing the Americans with Disabilities Act (ADA) for title II (State and local government services) and title III(public accommodations and commercial facilities) on September 15, 2010, in the Federal Register.
However, it may be appropriate to exclude a service animal from operating rooms or burn units where the animal’s presence may compromise a sterile environment.
Under the ADA, service animals must be harnessed, leashed, or tethered, unless these devices interfere with the service animal’s work or the individual’s disability prevents using these devices.
In such a case, the accommodation request would be to identify a safe and acceptable space for the service animal during the workday, and for sufficient flexibility and time to care for the animal’s needs.
If the disability is not obvious, the employer could still require information about the employee’s disability, how the service animal’s function is related to the disability, and assurance that the animal has had sufficient training not to become a disruptive presence.
For example, in a hospital it would be inappropriate to exclude a service animal from areas such as patient rooms, clinics, cafeterias, or examination rooms.
Other animals, either wild or domestic, will then no longer qualify as a service animal.
However, in the workplace, there is no such definition and technically no limit to what type of animal can be a reasonable accommodation. A service animal accompanying an employee to his or her job is viewed as a “reasonable accommodation” under Title I of the ADA, which governs employment.
) consultation with businesses regarding this exact issue.
Call 800-526-7234, or look at their website - - for downloadable suggestions on accommodating service animals.
Good solutions will need to be worked out on a case-by-case basis.