More animals seem to be assisting people these days — in airports, offices, and even classrooms. Not all animals that provide help or comfort qualify as service animals under the Americans with Disabilities Act (ADA), and understanding the distinction matters for employers and businesses navigating ADA service animal requests and other workplace accommodations.
Service Animals and Comfort Animals
Under the ADA, a service animal is a dog (or in some cases, a miniature horse) that is individually trained to perform specific tasks for a person with a disability. These tasks may include guiding someone who is blind, alerting to seizures, reminding a person to take medication, or calming an individual during a panic attack (28 C.F.R. § 36.104).
An emotional support animal (sometimes called an “assistance animal”) provides comfort simply by being present but is not trained to perform specific tasks related to a disability.
The key difference — service versus comfort — determines which laws apply and what access rights exist. Emotional support animals are not considered service animals under the ADA and do not have the same public-access rights, though they may be recognized under the Fair Housing Act (FHA) or Air Carrier Access Act (ACAA) in limited contexts.
Service Animals in Public Places
Public accommodations must generally allow individuals with disabilities to be accompanied by their service animals unless a regulatory exception applies (28 C.F.R. § 36.302(c)). Allowing a service animal is presumed to be a reasonable modification of policy (28 C.F.R. § 36.302(c)(1)).
When it is not obvious what service an animal provides, staff may ask only two questions:
- “Is this animal required because of a disability?”
- “What work or task has the animal been trained to perform?” (28 C.F.R. § 36.302(c)(6))
There is no legal requirement for documentation or certification.
Service Animals in the Workplace
If an animal “walks” into the workplace, employers should return to ADA basics. A service animal request is, at its core, a workplace accommodation request, triggering the employer’s duty to begin the interactive process:
- The employer acknowledges the request and engages in a good-faith dialogue with the employee.
- Both sides share information about job duties, limitations, and possible accommodations.
- Every discussion should be documented — dates, participants, and next steps.
The goal is to identify a reasonable accommodation that enables the employee to perform essential functions without undue hardship. Employers navigating ADA accommodation requests or other workplace compliance issues can benefit from guidance of employment lawyers to ensure policies and procedures meet federal requirements and best practices.
Recent Court Decisions
In Reaves v. Immediate Medical Care, P.A., 770 F. Supp. 3d 1322 (M.D. Fla. 2025), a patient with post-traumatic stress and bipolar disorders challenged a clinic’s refusal to allow her trained psychiatric service dog during an appointment. After trial, the court found that the dog met the ADA’s definition of a service animal, but upheld exclusion under the direct-threat exception because one physician had a severe allergy and the clinic made an individualized assessment and offered alternatives (such as scheduling with another provider). The court emphasized that allergies alone do not justify exclusion, but a documented, evidence-based risk paired with reasonable alternatives can satisfy the safety exception.
In Bennett v. Hurley Medical Center, 86 F.4th 314 (6th Cir. 2023), a nursing student sought to have her panic-disorder service dog accompany her during hospital rotations. After staff and a patient reported allergic reactions, the hospital limited access but proposed alternatives, including keeping the dog crated on another floor with break-time visits. The Sixth Circuit affirmed summary judgment for the hospital, holding that the dog posed a direct threat and that the hospital’s measured response was reasonable under ADA standards. Offering alternatives also defeated the claim that the hospital failed to participate in the interactive process in good faith
Together, these cases reaffirm that service animals are presumptively allowed, but documented safety concerns and good-faith dialogue can justify reasonable limits.
Practical Takeaways
- Train staff to ask only the two permitted questions — never request medical documentation.
- If health or safety concerns arise (e.g., allergies, infection control), document a careful, individualized risk assessment and consider mitigation.
- Treat service animal accommodation requests like any other ADA workplace accommodation request — engage, communicate, and document the process.
Remember: emotional support animals are not service animals under the ADA, although other laws may provide separate protections.
For more information, review the Department of Justice guidance.
Disclaimer: This material is provided for informational purposes only. It is not intended to constitute legal advice, nor does it create a client-lawyer relationship between Galloway and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material. This material may be considered attorney advertising in some jurisdictions.
