Service Dogs, Allergies, and Accommodations—Oh My! Intro to Navigating the ADA with Confidence
- Isis Fuentes
- Apr 2
- 3 min read
Human Resources is full of acronyms. Some are confusing, some are unnecessary, but one in particular—ADA—is not unique to human resources and is the topic of this article. The Americans with Disabilities Act.
You may be familiar with it from a shopping experience, maybe at school, the airport, or any number of public places. We’ve seen the handicap parking spots and service dogs. But how does this impact you and your business?
Well, if you are an employer with 15 or more employees, you are subject to the ADA should an employee request an accommodation. You may even be “put on notice” without an employee or applicant explicitly asking for one.
What does that mean? Doesn’t an employee have to request an accommodation before I have to do anything? No, actually. There are many ways you may be put on notice:
Observing an employee struggling with the essential functions of their job due to a disability
Being informed by the employee, a family member, or a physician
Learning about it through another process like FMLA or Workers’ Comp
Seeing that the employee has a disability or a service animal without them vocalizing it
In other words, there are a lot of ways you can be put on notice.
Okay, so I’ve been put on notice—now what? Let’s dive in. First, let’s talk about service animals.
Currently, under the ADA, “a service animal is defined as a dog that has been trained to work or perform a specific task for an individual with a disability.” (ada.gov) Miniature horses are also covered, but we won’t get into that right now—you can reference the same link used for dogs for more information.
Now, don’t get excited when you see someone with a service animal in your office and assume you can ask them anything you want. There are exactly two questions you may ask someone with a service animal entering your business:
Is the dog a service animal required because of a disability?
What work or task has the dog been trained to perform?
That’s it. No more. Now you know.
But Isis, what if I’m allergic to dogs—or what if one of my employees is? Yes, I can see where that would be concerning. In that case, you would need to find a way to accommodate both parties. Think: flexible schedules, designated offices, staggered lunch times, etc. This applies whether the allergy is mild or severe (even if it’s an EpiPen emergency).
Now, what about other disabilities and accommodations? If you’re asking about a candidate interviewing for a job—just don’t go there. You should treat them as you would any other candidate: ask relevant questions about how they would handle the essential functions of the role, but do not ask about their disability.
If a candidate requests a reasonable accommodation for the interview process, you should absolutely provide one.
Also, unless a disability is outwardly visible, you’ll likely never know a candidate has one—and that’s perfectly okay. They are entirely within their rights to withhold that information during the interview process.
If you’re talking about an employee you’ve already hired who requests an accommodation—or if you’ve been put on notice through other means—you begin the interactive process. This means working with the employee to understand what they need to perform the essential functions of their job.
This could be something like:
More frequent or longer breaks
A larger monitor
A flexible schedule
Facility enhancements
There may be times when you can make the argument of undue hardship, but this should be evaluated carefully, considering multiple factors. Even then, you should offer alternative solutions or accommodations. The idea is to work with your employee, not against them.
As you go through the interactive process, you may have a form you'd like the treating physician or healthcare provider to complete—or you might choose a different route. Just remember:
No two conditions are the same
Individuals with the same condition may require different accommodations
Conditions can evolve or flare, and accommodations may shift accordingly
Any information you gather through the interactive process regarding an employee’s disability is confidential
Employees should always be treated with the respect and privacy they are due
Stay empathetic, stay aware, and keep the lines of communication open. And always remember—documentation is your best friend. That means having a checklist for your interactive process, sending follow-up emails summarizing conversations and next steps, confirming when accommodation requests have been approved, and tracking those accommodations to ensure they’re actually being carried out. These steps are key to protecting your business.
Need help navigating ADA compliance?
You're not alone—and you don’t have to figure it all out on your own. If you need guidance on accommodations, documentation, or the interactive process, you’re always welcome to contact me for support. I help businesses ensure compliance while fostering inclusive, respectful workplaces.
Comments