Archive for the ‘Service Dog Tips’ Category

In 1990 The Americans with Disabilities Act (ADA) became a law to protect the rights of disabled individuals from facing discrimination.  Before The Americans With Disabilities Act, Employers could refuse to hire an individual just because they had a disability.  This ability to discriminate based on an individuals disability meant that regardless of an individuals ability to perform a particular job, employers could simply refuse to hire them because they were in a wheelchair.  Thankfully with the passing of The Americans with Disabilities Act employers must provide reasonable accommodations to qualified individuals and they cannot refuse to hire them because they are disabled. 

The ADA clearly states that under the law, individuals who require the assistance of a service dog are protected against discrimination and their service dog can accompany them anywhere the public is allowed.  While disabled individuals who require the use of a service dog can bring a service dog to work with them, there are some limitations.

Service Dog Defined

First, it is important to understand what  a service dog is, according to The Americans with Disabilities Act defines a service dog as “dogs that are individually trained to do work or perform tasks for people with disabilities.”  Some tasks that service dogs perform include guiding the blind, alerting the deaf, retrieving objects for individuals in a wheelchair, or alerting and protecting an individual who has seizures.  Because service dogs provide essential services for disabled individuals, they are protected under the law and must be allowed to accompany their handler wherever the general public is allowed to go.  These rights extend to the workplace and employers are required to make reasonable accommodations for job applicants or employees.

Documentation

Service dogs do not require documentation such as doctor’s notes or therapist letters nor are they required to wear vests showing they are service dogs.  Many individuals choose to have their service dogs wear vests because it makes them easier to identify and can avoid unnecessary problems when out in public.  While under most circumstances a disabled individual is not required to show proof of their disability or identification proving their dog is a service dog when it comes to employment they may be asked how the dog helps them perform tasks directly relating to their job.  This question can be as simple as describing what tasks their service dogs perform and how they are trained to behave in the workplace.  One way to help an employer understand the functions the service dog provides is to ask for the dog to accompany them on a trial basis so the employer can observe how the dog interacts and behaves.  This is not a violation of their rights under The Americans with Disabilities Act because the employer must make reasonable accommodations for the candidate/employee and their service dog, so they know what accommodations are required.

A service dog does not require documentation from a doctor. Exclusions

While the Americans with Disabilities Act was passed to help a disabled individual avoid discrimination in the workplace, some exclusions do apply.  The law only applies to businesses that employ 15 or more people, and if the reasonable accommodation puts the employer under undue hardship, they can refuse to hire the disabled individual.  Employers do not have to provide the exact accommodation requested by the employee or applicant if there are more than one accommodation available the employer can choose which one to provide.  According to the U.S. Equal Employment Opportunity Commission; undue hardship includes accommodations that are too expensive or too difficult to provide due to the employer’s financial resources or size.  Under the law, service dogs are allowed to accompany their handlers wherever the general public goes, and employers must make reasonable accommodations for employees who require service dogs, but there are some limitations to where a service dog can go and what dogs they can assist with.

For a disabled individual working in an office setting there should be no issue as their service dog can lay next to them at their desk and assist them with any tasks they may need, but for an individual who is a chef this accommodation may not only be against food handling guidelines, it may be dangerous for the service dog.  Another place where accommodations for a service dog would be difficult would be for an individual who works in the intensive care unit in a hospital; their service dog may put patients at risk.  While The Americans with Disabilities Act was passed to keep disabled individuals from being discriminated against, there are some cases where common sense should prevail, and it should be understood that there are certain work areas that a service dog may be excluded from.

Conclusion

The passing of The Americans with Disabilities Act had profound effects on how the disabled are treated including those requiring service dogs.  Before the ADA disabled individuals, disabled individuals could be refused service, denied employment, and excluded from public transportation all because they were disabled.  With the passing of the ADA reasonable accommodations must be made for disabled individuals including accommodations for service dogs.  While there are a few jobs where service dogs may not be allowed (hospital ICU or restaurant kitchens), there are many jobs and careers that disabled individuals and their service dogs can work.  Thanks to The Americans with Disabilities Act and service dogs, disabled individuals have gained more independence and the ability to pursue careers that in the past they may not have been able to do.

Under the Americans with Disabilities Act (ADA), service dogs must be allowed to accompany their handlers anywhere the general public is allowed to go, including movie theaters.  According to the ADA “Service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities.”  Service dogs perform specific services for individuals with disabilities that they cannot perform themselves including guiding the blind, alerting the deaf and helping individuals in wheelchairs pick up items or get in and out of the wheelchair.  It is important to understand that service dogs are not pets, they provide vital services for the disabled, and therefore service dogs must be allowed to accompany their handlers.  If it is unclear whether the dog is a service dog or a pet staff may ask two questions that include:

Is the dog a service animal required because of a disability? What work or task has the dog been trained to perform?

Providing the individual can answer the two questions above they must be allowed into the movie theater with their service dog.  Service dogs must be under control at all times either by leash, harness, or voice commands and service dogs must also be housebroken.  If the service dog is not under control or is not housebroken, they can be asked to leave the movie theater. 

Where is the Best Seat for a Service Dog Handler?

The best place for individuals who require service dogs to sit in a movie theater is the wheelchair area even if they do not require a wheelchair as this area provides enough room for the service dog to lay comfortably by their side.  If the wheelchair area is full, then any seat is fine, but it is best to keep the service animal out of the aisle due to the low light levels in the theater they can pose a trip hazard to other patrons. 

It is a crime to interfere with a service dog accompanying a disabled individual, and when entering establishments (including movie theaters), they may not be isolated from, charged extra fees, or treated differently from other individuals.  It is important to understand that discriminating against disabled individuals who require service dogs is against the law and is punishable by imprisonment up to 6 months in county jail and fines totaling $2500. 

Service dogs for mental health, known as psychiatric service dogs (PSD), can help certain people with post-traumatic stress disorder (PTSD). A PTSD service dog can legally accompany their handler in areas open to the public, residential buildings that ban pets, and on airplanes. 

In this article, we will explain how a service dog can assist with PTSD symptoms and the requirements to own one. 

Qualifying for a PTSD Service Dog

Post-traumatic stress disorder can be considered a disability under the Americans with Disabilities Act (ADA) in some circumstances. PTSD arises from witnessing or experiencing traumatic events, leading to symptoms such as flashbacks, nightmares, severe anxiety, and uncontrollable thoughts related to the trauma.

If these symptoms significantly interfere with major life activities, the individual with PTSD may be eligible for ADA protections and accommodations, including using a service dog. 

Unsure whether your condition qualifies? Talk to your licensed healthcare provider and see if you can obtain a PSD letter from them.

The Role of a Service Dog in PTSD Management

A service dog is individually trained to perform tasks that alleviate their handler’s condition. This also distinguishes them from emotional support animals (ESA), which provide comfort through their presence but require no specialized training. 

ESAs help people with PTSD just by being present and without rigorous training. Qualifying for an emotional support animal requires getting an ESA letter

A PTSD service dog offers myriad benefits to their handler. Some key tasks for PTSD service dogs include:

Interrupting nightmares and flashbacks by recognizing signs of distress and waking the handler. Offering comfort during panic attacks and guiding handlers to quieter, less crowded spaces. Creating a buffer in crowds to reduce anxiety. Interrupting self-harming behaviors. Grounding individuals, reducing feelings of overwhelm or disorientation, and providing a sense of security.

Since PTSD service dogs are allowed in public venues normally closed off to pets, they should also be trained to be comfortable in these environments. A service dog must be under the control of its handler at all times and able to focus on the needs of its handler. 

A service dog can be any breed. You can either train your own service dog or work with an accredited trainer. PTSD Service Dog Rights

Service dogs for PTSD are granted specific rights under the Americans with Disabilities Act, Air Carrier Access Act (ACAA), and Fair Housing Act (FHA). Under the ADA, PTSD service dogs are allowed access to public places where other dogs may be prohibited, such as restaurants, stores, and hotels. 

In terms of travel, the ACAA permits PTSD service dogs to accompany their handlers in the cabin of an aircraft at no extra charge. Lastly, under the FHA, individuals with disabilities cannot be denied housing or charged extra fees because they have a service dog, even in pet-free housing. 

These rights ensure that individuals with PTSD can navigate public spaces, travel, and secure housing with their service dogs, providing vital assistance and support. 

Conclusion

To sum up, individuals with Post-Traumatic Stress Disorder (PTSD) can significantly benefit from the assistance of service dogs. These specially trained canines provide essential support, from interrupting distressing nightmares to offering a sense of security during panic attacks. 

While owning a service dog is a considerable responsibility, for those grappling with PTSD the companionship and assistance they offer can be transformative. If you’re unsure whether you have an eligible condition, consult a mental health professional to see if you can obtain a PSD letter. They can guide you in making this important decision, ensuring it aligns with your unique needs and lifestyle.