Emotional support animals (ESAs) provide comfort to individuals with emotional or psychological conditions, but they differ from service animals under the Americans with Disabilities Act (ADA). Unlike service animals, which are trained to carry out specific tasks to aid a person with a disability, ESAs offer a calming presence through companionship. The role of an ESA is recognized by mental health professionals as therapeutic for their handlers, yet they do not receive the same legal definitions or privileges as service animals.
The ADA defines service animals as dogs, and in some cases, miniature horses, that are individually trained to do work or perform tasks for people with disabilities. The range of these tasks can be broad, from retrieving objects for a person who uses a wheelchair to alerting a person with diabetes to high or low blood sugar levels. The critical point is that their work is directly related to the handler’s disability, allowing the person to function more independently.
Due to this distinction, the rights and laws surrounding ESAs and service animals aren’t the same. Under the ADA, service animals are entitled to accompany their owners in most public areas and private businesses that serve the public, whereas emotional support animals are not granted universal access. It’s essential to understand these differences to navigate spaces and know your rights regarding the presence of either an ESA or a service animal.
Basics of Emotional Support Animals
Emotional support animals are pets that provide comfort and support in forms of affection and companionship for an individual suffering from various mental and emotional conditions. Unlike service animals, they’re not required to perform specific tasks related to a disability. Service animals are defined by the ADA as dogs, and in some cases miniature horses, that are individually trained to do work or perform tasks for the benefit of an individual with a disability. In contrast, emotional support animals may be any type of animal and are not limited to performing specific tasks.
|Emotional Support Animals
|Must be trained to perform specific tasks related to a disability.
|Do not require specific task training.
|Recognized by the ADA.
|Not specifically recognized by the ADA as service animals.
|Rights to access public spaces.
|Access rights are not covered by the ADA.
Roles and Responsibilities
Your emotional support animal primarily provides comfort through their presence. They can help alleviate some symptoms of mental and emotional conditions like anxiety or depression. Although emotional support animals don’t have the same access rights as service animals, they have some protections, such as in housing under the Fair Housing Act. Unlike a service animal, an assistance animal like an ESA doesn’t need to be trained to perform specific tasks.
You should also know that emotional support animals are not always restricted to dogs; they can be other animals as well. It’s important to note that while the presence of these animals can offer significant emotional support, the ability of the animal to provide comfort doesn’t qualify it as a service animal under the ADA. As such, they’re not granted the same legal rights to access most public areas.
ADA Regulations on Animals
The Americans with Disabilities Act (ADA) sets the framework for how animals, specifically service animals, can be used to assist individuals with disabilities.
Service Animal Definition
Under the ADA, a service animal is defined as a dog that is individually trained to do work or perform tasks for a person with a disability. The tasks a service animal performs must be directly related to the person’s disability. For example, guiding someone who is blind, alerting a person who is deaf, pulling a wheelchair, or protecting a person during seizures are recognized tasks.
Public Access Rights
Service animals are allowed to accompany people with disabilities in all areas of public accommodation where the public is normally allowed to go. This includes state and local government offices, businesses, and non-profits. If you have a service animal, it’s your right to be accompanied by your animal in these settings without any additional fees.
Exclusions and Limitations
There are specific exclusions to the ADA’s definition of service animals. Emotional support animals, comfort animals, and therapy animals do not qualify as service animals since they are not trained to perform specific tasks related to a disability. Plus, the ADA does not consider other species of animals, trained or untrained, as service animals. If an animal’s presence or behavior poses a threat to the health or safety of others, it can be excluded from public spaces.
Housing Rights and the Fair Housing Act
Knowing your rights when it comes to housing is critical, especially if you require an emotional support animal (ESA). The Fair Housing Act (FHA) protects you against discrimination and ensures you have the opportunity to enjoy your dwelling just like anyone else.
Emotional Support Animals in Housing
If you have an emotional support animal, the FHA mandates that you are allowed to live with them in most types of housing. This includes housing with no-pet policies. Your ESA plays a vital role in alleviating symptoms associated with your disability, and thus, is recognized not as a pet, but as a reasonable accommodation.
A reasonable accommodation is any change to a housing policy or practice that can help you fully use and enjoy your living space. This might include waiving a no-pet policy or pet deposit for your ESA. Landlords and housing providers must consider requests for reasonable accommodations and cannot deny them without a valid, non-discriminatory reason.
Documentation and Verification
Landlords may request documentation to verify the need for an ESA. Typically, this means a letter from a licensed mental health professional that confirms your disability and the necessity of the emotional support animal. However, the U.S. Department of Housing and Urban Development (HUD) states that housing providers may not ask for personal medical records or access to your healthcare provider.
Air Travel and the Air Carrier Access Act
When you’re traveling by air with your emotional support animal, it’s essential to understand the Air Carrier Access Act (ACAA) which implements specific regulations that airlines must follow to accommodate you and your animal companion.
Accessibility for Emotional Support Animals
The ACAA ensures that airlines must allow emotional support animals to accompany you in the cabin of the aircraft at no extra charge. However, the U.S. Department of Transportation (DOT) has revised its stance, and now the definition of a service animal is more stringent—often excluding emotional support animals from this categorization.
Travel Requirements and Documentation
To travel with your service animal:
- Provide documentation: Airlines may ask for identification cards, written documentation, harnesses, tags, or verbal assurance as evidence that your animal is a service animal.
- Follow guidance: Always check the airline’s specific regulations ahead of your journey, as these can vary and may have been updated following the DOT’s revisions.
Please note, while the ACAA covers service animals, emotional support animals may not be afforded the same amenities following recent regulatory changes. If you have an emotional support animal, double-check your airline’s policy before traveling.
Rights in the Workplace
In the workplace, you have specific rights related to emotional support animals under the ADA, which vary depending on whether you’re a job applicant or an employee seeking reasonable accommodations.
Job Applicants and Employees
When you’re applying for a job, the ADA protects you from discrimination based on your disability. As a job applicant, you’re not required to disclose your disability or the need for an emotional support animal unless you’re requesting a reasonable accommodation for the application process.
Once employed, if your emotional support animal is considered a reasonable accommodation, you may be entitled to bring it to work with you. The key is that the animal must serve a specific function related to your disability. Remember, unlike service animals, emotional support animals are not automatically given access under the ADA.
A reasonable accommodation is a modification or adjustment to a job or work environment that enables you to perform essential job functions without imposing an undue hardship on the operation of the employer’s business. Here are specifics:
- Eligibility: You are eligible for reasonable accommodations if you have a disability as defined by the ADA.
- Request: You should request a reasonable accommodation in writing, specifying the need due to a disability.
- Documentation: Your employer may ask for documentation that confirms your disability and the need for a reasonable accommodation.
- Evaluation: The employer must consider if the accommodation is reasonable and not excessively disruptive or expensive.
- EEOC: The Equal Employment Opportunity Commission provides guidance and enforces the rights related to reasonable accommodations.
If your emotional support animal is necessary to help with your disability and doesn’t cause undue hardship, it could qualify as a reasonable accommodation. However, because emotional support animals are not service animals, their acceptance is not guaranteed. It’s evaluated on a case-by-case basis by the covered entities, usually determined by your employer’s policies and the nature of your work.