The resources outlined below provide information and guidance regarding the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, and other state and federal laws protecting people with disabilities.
To determine if an animal is a service animal, you may ask two questions:
1. Is the dog a service animal required because of a disability?
2. What work or task has the dog been trained to perform?
You may not ask these questions if the need for the service animal is obvious. Examples include when a dog is guiding an individual who is blind or is pulling a person’s wheelchair. You also may not:
• Ask about the nature or extent of an individual’s disability.
• Require proof that the animal has been certified, trained or licensed as a service animal.
• Require the animal to wear an identifying vest or tag.
• Ask that the dog demonstrate its ability to perform the task or work.
Under the ADA, it is training that distinguishes a service animal from other animals. Some service animals may be professionally trained; others may have been trained by their owners. However, the task that the service animal is trained to do must be directly related to the owner’s disability.
The handler is responsible for the care and supervision of his or her service animal. If a service animal behaves in an unacceptable way and the person with a disability does not control the animal, a business or other entity has the right to ask that the dog be removed. A business also has the right to deny access to a dog that disrupts their business or poses a direct threat to the health and safety of others. For example, if a service dog barks repeatedly or growls at customers, it could be asked to leave.
Service animals in-training are not specifically addressed in the ADA. However, Louisiana state law affords service animals in-training the same protections as service animals that have completed their training.
For Tulane’s policy on Service Animals and Emotional Support Animals in University housing, see the campus policy.
ADA National Network: http://www.adata.org
The ADA National Network provides information, guidance and training on the Americans with Disabilities Act (ADA), tailored to meet the needs of business, government and individuals at local, regional and national levels.
The Job Accommodation Network (JAN): https://askjan.org
JAN is the leading source of free, expert, and confidential guidance on workplace accommodations and disability employment issues. Working toward practical solutions that benefit both employer and employee, JAN helps people with disabilities enhance their employability, and shows employers how to capitalize on the value and talent that people with disabilities add to the workplace.
The Southwest ADA Center: http://www.southwestada.org
Louisiana Governor's Office: http://gov.louisiana.gov/page/disability-affairs-resources
The Equal Employment Opportunity Commission
The EEOC is one of the federal agencies charged with enforcing the ADA.
The United States Department of Justice (DOJ)
The U.S. Department of Labor (DOL)
*Source materials include: ADA National Network (adata.org); Cornell University (hr.cornell.edu; accessibility.cornell.edu); Job Accommodations Network (jan.org).
If you have any questions about the ADA, reasonable accommodations, or require assistance completing the request form, please contact the Job Accommodations Specialist, Alisha Lanae' Williams by phone at 504-247-1774, by fax at 504-862-8435 or by email at ADAaccess@tulane.edu