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PAWS FOR ASSISTANCE: A GUIDE TO SERVICE AND EMOTIONAL SUPPORT ANIMALS
PRESENTED BY DEBI DAVIS, MSW, DISABILITY RIGHTS CALIFORNIA
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DISABILITY RIGHTS CALIFORNIA (DRC)
California’s Protection & Advocacy System Mission Statement: Advocate, educate, investigate and litigate to advance and protect the rights of Californians with disabilities.
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DRC SERVICES
Intake & Referral Self-help materials and other publications Training Public policy & legislative advocacy State hospital patients’ rights advocates Clients’ rights advocates for clients of regional centers Legal counsel & advice Representation of individuals with disabilities in priority areas Systemic litigation
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DISCLAIMER
This training is not legal advice. Nothing said during this training is confidential.
SLIDE 2 2 If you have a disability-related legal issue that you would like to discuss with Disability Rights California, please call our intake line at 800-776-5746.
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TRAINING AGENDA
- 1. Definitions of Psychiatric Service and Emotional Support Animals (PSA’s
& ESA’s)
- 2. Their Benefits to Recovery
- 3. Laws Protecting our Rights to PSA’s & ESA’s:
- Public Access, Housing, Employment & Airlines
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PSYCHIATRIC SERVICE ANIMAL (PSA) OR EMOTIONAL SUPPORT ANIMAL (ESA)? WHAT’S THE DIFFERENCE?
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SERVICE ANIMAL – DOG OR MINIATURE HORSE
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Service dogs are working animals and not considered pets. They’re extensively trained to perform specific disability-related tasks.
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EXAMPLES OF TASKS
Preventing/interrupting impulsive, destructive or self-harmful behaviors Reminding a person to take their medication Removing a person from distressing situations Alerting a person to panic attacks
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TRAINING AND CERTIFICATION
A service animal may be trained by a non-certified professional, a friend, a family member or the person with a disability. Under the Americans with Disabilities Act (ADA), A service animal doesn’t need to be registered
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EMOTIONAL SUPPORT ANIMAL
Provides comfort to a person with a disability Not trained to perform specific tasks Can be any animal
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SERVICE VS. EMOTIONAL SUPPORT ANIMALS
Service animal is: A dog or miniature horse trained to perform tasks for a person with a disability. There are no breed restrictions Emotional support animal: Any animal that provides emotional support to a person with a disability.
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SERVICE OR EMOTIONAL SUPPORT ANIMAL
- 1. A border collie trained to help you avoid distressing situations
- 2. A cat trained to alert you to a panic attack
- 3. A miniature poodle that prompts you to take your medication
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HOW DO ANIMALS BENEFIT RECOVERY?
Reduce stress, anxiety and depression Decrease social isolation Provide a sense of empowerment & responsibility Reduce tendency to perceive situations as threatening or stressful Improve feelings of self-worth Encourage motivation
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SERVICE ANIMALS: WHAT ARE MY RIGHTS?
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FEDERAL LAWS
Americans with Disabilities Act (ADA): Title II: Prohibits disability discrimination in state and local government services, programs and activities Title III: Prohibits disability discrimination in places of public accommodation (businesses) Rehabilitation Act Section 504: Prohibits discrimination in programs that receive federal funding
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CALIFORNIA STATE LAWS
Unruh Civil Rights Act: Prohibits discrimination in businesses Disabled Persons Act: Prohibits disability discrimination in all public places Government Code 11135: Prohibits discrimination in state government and programs that receive state funding
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THE AMERICANS WITH DISABILITIES ACT (ADA)
A person with a disability is someone who:
- 1. Has a physical or mental impairment that limits one or more major life
activities;
- 2. Has a record of such an impairment; or
- 3. Is regarded as having such an impairment.
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ADA AND PUBLIC PLACES
The ADA requires all private businesses open to the public to allow service animals even if the business has a ‘no pets’ policy. These include restaurants, hotels, theaters, health care setting, libraries, gyms, classrooms, etc.
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RIGHTS TO PUBLIC ACCESS
ADA regulations also apply to any state or local government facility. Therefore, service animals are also allowed in government buildings and public transportation vehicles. Section 504 of the Rehabilitation Act applies to private places that receive federal funds, such as private schools that receive federal financial assistance.
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RELIGIOUS INSTITUTIONS
Federal Law Places that are owned or operated by religious organization are exempt from the ADA, but are covered by Section 504 if they receive federal funds.
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CAN A BUSINESS ASK ABOUT YOUR DISABILITY?
A person cannot be asked about their disability or required to show medical records or certification for the service animal.
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TWO MAGIC QUESTIONS
A business or a public place is only allowed to ask the service animal’s handler two questions:
- 1. Is the animal required because of a disability?
- 2. What work or task has the animal been trained to perform?
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NOT ALLOWED:
- 1. Questions about a person’s disability
- 2. Ask for medical records or a doctor’s letter
- 3. Vests, tags or other proof that the animal has been certified, trained, or
licensed as a service animal
- 4. Questions about the animal’s breed
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CAN I BE DENIED ACCESS?
- Yes. Only if the service animal:
- 1. Is an actual risk or direct threat to the health and safety of others
- 2. Would cause substantial physical damage to the property.
- 3. Is not under the handler’s care and control, or is not housebroken.
- 4. Causes an undue financial or administrative burden or fundamentally
alters the goods or services provided.
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PUBLIC HEALTH ISSUES
Service animals are not exempt from local animal control or public health requirements. Service animals must comply with vaccination and other local requirements for pets. Service animals do not have access to areas where the public is restricted, e.g. restaurant kitchens, operating rooms.
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SERVICE ANIMALS & EMOTIONAL SUPPORT ANIMALS: HOUSING RIGHTS
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HOUSING: THE FAIR HOUSING AMENDMENTS ACT (FHAA)
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Applies to “assistance animals” that work, perform tasks or provide emotional support for a person with a disability. Service animals and emotional support animals are allowed as a reasonable accommodation in housing. Under the FHAA, landlords and homeowners’ associations must make reasonable accommodations for people with disabilities.
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REASONABLE ACCOMMODATIONS IN HOUSING
Reasonable accommodations are exceptions to rules or policies which do not provide people with disabilities an equal opportunity to use and enjoy a dwelling.
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REASONABLE ACCOMMODATIONS
Waiver of no-pets policy for service or emotional support animals may be a reasonable accommodation. Animal must be safe, in compliance with local laws, and under handler’s control.
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REQUESTING AN ACCOMMODATION
Request need not be in any particular form. Writing is preferable, but oral requests are OK. Request should explain disability-related need for waiver of no-pets policy as a reasonable accommodation.
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CAN I BE DENIED AN ACCOMMODATION?
YES - Only if the animal: Is not a disability-related need Is a direct threat to others (determined by individual assessment of the animal, not stereotypes about the breed) Causes substantial physical harm to the property of others Imposes an undue financial or administrative burden Fundamentally alters the nature of the services provided by the landlord
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EMPLOYMENT: TITLE I OF THE ADA
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The federal law prohibits employers with 15 or more employees from discriminating against “qualified” people with disabilities (including private
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WHAT IS A “QUALIFIED” PERSON WITH A DISABILITY?
A person with a disability is considered “qualified” if they meet the skill, experience, education or other requirements of the job. They must also be able to perform the essential functions of the position with or without reasonable accommodation.
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ACCOMMODATION REQUIREMENTS
A person with a disability must request the accommodation, and the disability must be known to the employer. Thus, an employer may ask for documentation stating the employee has a disability, and there is a disability-related need for the animal.
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CAN A REASONABLE ACCOMMODATION BE DENIED?
An employer is not required to make an accommodation if it would impose an "undue hardship,” requiring significant difficulty or expense.
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WHEN CAN I ASK FOR A REASONABLE ACCOMMODATION?
A reasonable accommodation can be requested at all stages of the employment process, such as job application procedures, hiring, firing, advancement, compensation and training.
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AIRLINES: AIR CARRIER ACCESS ACT (ACAA)
The ACAA treats psychiatric service animals differently from service animals for people with physical disabilities.
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AIRLINE ACCESS REQUIREMENTS
To bring a psychiatric service animal (PSA) or emotional support animal (ESA) onto a flight, a note may be required stating the passenger has a mental health disability that requires the use of a PSA or ESA. This note must be less than 1 year old and signed by a licensed mental health professional.
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LEGAL OPTIONS
Administrative Complaints:
- 1. U.S. Department of Justice: http://www.ada.gov/t3compfm.htm
(Must file within 180 days of discrimination)
- 2. CA Department of Fair Employment and Housing:
https://www.dfeh.ca.gov/complaint-process/complaint-forms/ (Must file within one year of discrimination)
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TRUE OR FALSE?
- 1. Rottweilers, Pit Bulls and Dobermans cannot be service animals.
- 2. An emotional support animal is allowed to come with you to a restaurant
- r grocery store.
- 3. Service animals do not need to wear a special tag or vest.
- 4. A lizard can be an emotional support animal.
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THANK YOU! FEEL FREE TO ASK QUESTIONS!
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RESOURCES
DRC website: www.disabilityrightsca.org (look under Assistance Animals) Frequently Asked Questions About Service Animals and the ADA(2015): https://www.ada.gov/regs2010/service_animal_qa.html Psychiatric Service Dogs Partners: www.psychdogpartners.org
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DRC CONTACT INFORMATION
800-776-5746 (TTY) 800-719-5798 www.disabilityrightsca.org
