First, it’s important to understand the differences between Service Animals & Emotional Support, Therapy, Comfort or Companion Animals commonly called Emotional Support Animals or ESA’s.
Service Animals
The American with Disabilities Act defines a service animal as a dog that has been individually trained to do work or perform tasks for an individual with a disability. The task(s) performed by the dog must be directly related to the person’s disability.
Emotional Support Animals (ESA’s)
Emotional Support, Therapy, Comfort, or Companion animals are terms are used to describe animals that provide comfort just by being with a person. Because they have not been trained to perform a specific job or task, they do not qualify as service animals under the ADA.
How do you determine if an animal is a Service Animal or an Emotional Support Animal?
What you can ask depends on whether you are asking a customer or an employee.
Customers: If you are a business owner dealing with a customer, you cannot ask for certification or documentation. You can only ask two questions, and only if the service the animal provides is not obvious:
- Is the animal a service animal required because of a disability?
- What work or task has the animal been trained to perform?
If they do not answer the questions above, you do have a legal right to deny the animal access to your business, but must provide them with assistance.
Employees: The rules are different for your own staff. Because bringing a Service Animal to work is considered a request for “reasonable accommodation,” an employer is permitted to ask the same two questions above and:
- Ask for medical documentation to establish that the employee has a disability, but only if the disability isn’t obvious.
- Ask for documentation or a demonstration of how the animal helps the employee perform their job duties.
For Service Animals
Once you have determined the animal is a service animal, remember the employee has an automatic legal right to bring the Service Animal to work. We suggest reviewing and the ADA requirements available here; https://www.ada.gov/topics/service-animals/
We have also found the ADA Service Animal Frequently Asked Questions to be helpful here; https://www.ada.gov/resources/service-animals-faqs/
For Emotional Support Animals
As the ADA requirements do not apply to Emotional Support Animals, requirements, accommodations, and guidelines differ. Unlike service animals, employees do NOT have an automatic legal right to bring an Emotional Support Animal (ESA) to work under the ADA or Ohio law. Please note that you may still only ask a Customer the two questions above, and once again, only if the service the animal provides is not obvious. What differs are the questions and documentation an employer may ask an employee for in the case of an Emotional Support Animal.
For Employers: You may ask the same two questions above, and we recommend asking for the following.
- Copy of Doctor’s Note or Medical Recommendation
- Request documentation or a demonstration that the animal is trained to behave in a professional environment
- Letter from animal owner regarding history of biting
- Proof of Animal Vaccination
- Require Personal Liability coverage from the animal’s owner (homeowner’s or renter’s) with a minimum of $500,000 personal liability, and a preferred amount of $1 Million of personal liability coverage
Conclusion
Allowing comfort animals in the workplace can be a kind gesture, but it’s not without risks. If you decide to say yes, make sure you understand how your insurance coverage applies — and where it might not. Please feel free to read more about the insurance issues here; https://www.dumbaughinsurance.com/insurance-animals-in-the-workplace/
Summary Table: What Can You Ask?
| Question/Request | For a Customer | For an Employee |
| “Is this a service animal?” | Yes | Yes |
| “What tasks is it trained for?” | Yes | Yes |
| “Can I see a training certificate?” | No | Yes (Usually as part of the “interactive process”) |
| “Can I see a doctor’s note?” | No | Yes (If the disability is not obvious) |
| “Can I see an ESA Letter?” | N/A (ESAs not allowed) | Yes |