Emotional support animals at work

Title I of the Americans with Disabilities Act applies to any employer with at least 15 employees, and that includes state and local governments. Covered employers must make reasonable accommodations for qualified job applicants and workers with disabilities, unless an accommodation would impose undue hardship, a term the law ties to significant difficulty or expense.

According to the EEOC, a reasonable accommodation is an adjustment to the work environment, or to the usual way things get done, that lets someone with a disability have equal employment opportunities. Adjusted schedules, different equipment and exceptions to policy are typical examples. Asking to bring an animal to work amounts to asking for an exception to a no-animals rule.

Many people assume ADA service animal rules apply at work. As the Job Accommodation Network (JAN) points out, the ADA defines service animals in its rules for public accommodations and for state and local governments, yet Title I, the employment part of the law, contains no such definition. So a request to have any animal at work is handled the way other accommodation requests are.

That cuts both ways. An employer isn't automatically required to admit a trained service dog, and it isn't automatically barred from considering an ESA. JAN says there's an argument employers may need to consider ESAs as accommodations, though they don't have to allow an animal that isn't needed because of a disability or that would disrupt the workplace.

The EEOC explains that ordinary words are enough to make a request. There's no need to cite the ADA, say "reasonable accommodation" or submit anything in writing, although a written request gives you a record. From there, the employer should start an informal, interactive conversation with you to understand your limitation and identify an accommodation that works.

Focus on how the animal helps you perform your job, not only how it helps you in general. Come prepared to talk through logistics, like where the animal will spend the day, who keeps an eye on it and how you'll deal with cleanup.

• Let your supervisor or HR know a medical condition means you need something at work adjusted.
• Describe the request and how it relates to your job.
• Provide reasonable documentation if asked.
• Stay open to alternatives the employer suggests.

If it isn't apparent that you have a disability or need an accommodation, EEOC guidance allows the employer to request reasonable documentation from an appropriate professional. That request should stick to the disability, the functional limits it causes and the accommodation you need, rather than your entire medical file.

JAN adds that employers may ask for information showing the animal is trained to behave appropriately in a workplace. A housing ESA letter is written for a housing provider, so your employer may want a separate note from your therapist that addresses work.

EEOC guidance lets the employer select from among accommodations that would be effective, including the simpler or less expensive one if it does the job. Your preference deserves consideration, but the employer makes the final call. In place of an animal, it might offer a quieter workspace, a flexible schedule or remote work.

JAN suggests employers may allow an animal on a trial basis, with no set timeframe, though one to six weeks may be enough. When a coworker has an allergy or a phobia, the employer should look for a way to meet both employees' needs, for instance separate work areas, air purifiers or flexible schedules. Confidentiality rules limit what the employer can tell coworkers about your disability.

If your dog has been individually trained to carry out tasks that help with a psychiatric disability, mention that in your request, since a task-trained dog may fit into the job differently from an animal that offers comfort. In both cases the request follows the same Title I accommodation process, and your employer may ask how the animal helps you do your work.

Request a written explanation for the decision, and ask whether some alternative would work. If you think you've experienced disability discrimination, the EEOC says a charge generally has to be filed within 180 days, extended to 300 days where a state or local law also bans disability discrimination. State employment laws may protect you further.

Work stress can be heavy when you're managing a mental health condition. An animal may bring comfort, but it's not a substitute for treatment. In a crisis, dial or text 988; in an emergency, dial 911.