What should hospitality employers know about service animal requests?

What legal considerations should hospitality businesses and employers consider when guests, customers, or employees request to bring service animals on site?

The hospitality industry faces complex legal issues when guests, customers, and employees request to bring animals on site. These obligations are shaped by federal, state, and local laws.

At the federal level, the Americans with Disabilities Act, the ADA, is the cornerstone of animal accommodation regulations. Title III of the ADA allows customers and guests to bring service animals to public-facing spaces, subject to exceptions and behavioral obligations.

Under Title III, a service animal is defined as a dog, although a miniature horse may be permitted if they meet regulatory criteria and are trained to perform work or tasks for individuals with disabilities.

Emotional support animals are NOT covered under this definition and may be excluded by a business under federal law, though state and local laws might allow them.

Hospitality businesses are public accommodations and employers, so ADA Title I requires employers to accommodate employees with disabilities, which may include allowing animals at work. Title I does not define “service animal,” but guidance and court cases confirm employers must consider animal accommodation requests. Although less commonly invoked, Title II applies to state and local governments, regulating animal access in state/municipal spaces.

Under Title III, public accommodations, including hospitality businesses, must generally allow service animals in areas open to the public.

To evaluate whether an animal should be admitted, public accommodations may ask two questions about a guest’s animal:

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

Public accommodations cannot request documentation, require demonstration of the tasks or work the animal has been trained to perform, or ask about the person’s disability. Animals may be excluded in limited circumstances only, such as if they pose a safety risk, are not housebroken, or are out of control and the handler does not take effective action to maintain control of the animal.

Under Title I, employers must consider animal accommodation requests to bring animals—including for emotional support—to the workplace as part of the ADA’s interactive accommodation process. Unlike Title III, Title I does not limit the types of animals that may be reasonable accommodations.

Employers may request relevant documentation in certain circumstances and should engage in an interactive process to assess the request. Health and safety rules, especially in kitchens or certain food prep areas, may impact animal access, but alternative solutions may work, even in hospitality environments. Hospitality businesses should train their employees on recommended practices, such as:

• Permissible questions to ask guests with animals
• Animal etiquette
• When animals may be excluded
• Avoiding assumptions about disabilities
• Not charging standard fees for service animals, even if fees are charged for pets.

For employee accommodation requests, employers must engage in an individualized interactive process, avoiding assumptions about the individual’s disability or the animal’s behavior.

As if federal disability laws weren’t complex enough, many states provide broader protections than those provided by the ADA. These may include recognizing additional species as service animals, requiring access for animals in training, and limiting inquiries.

Issues involving animals in public spaces and workplaces are complex and evolving. Consult with your Littler counsel to develop a systematic and tailored approach to navigating these issues.