Information for businesses
From Service Dog Training
An impressive number of businesses do not train their employees about how to interact legally and politely with service dog users. This brief guide is not intended to take the place of proper training, but in the case it is not provided this may help provide some guidance to business owners and their employees when the encounter service dogs in the course of their jobs.
- This article is a work in progress
Contents |
Interacting legally with service dog users
- What are the laws that affect service dog access and my business?
- The primary law of concern to businesses is the ADA. This is the federal regulation that prohibits discrimination against people with disabilities. It details the rights and responsibilities of service dog users and businesses. Most states have also established laws regulating service dog access. The majority of these laws are very similar to the ADA, although a few have differences that can be of importance to businesses. Some cities and towns also have service dog laws on the books, although these usually seem to concern city licenses and waste removal.
- When the ADA, my state laws and my local laws disagree, how do I determine what my rights and responsibilities are regarding service dog access and my business?
- The law that provides the greatest freedom and protection to the service dog user takes precedent. For instance, if your state law requires service dogs to be certified by a governmental organization to enter public places and you attempted to require that as a condition for access into your business, you would be accountable under the ADA, since the ADA does not require certification as a condition for public access. Because the ADA in this case provides greater freedom and protection to the service dog user by not requiring them to be certified, it takes precedent over the more restrictive state laws. On the other hand, if your state laws permit criminal charges to be made against businesses or individuals that deny access to service dog users, that law, or the part of the law that permits criminal charges, would take precedent over the ADA because it provides greater protection to the service dog user (the ADA only allows civil charges).
What these laws mean to you as a business
- How can I tell if a dog is a service dog and not a pet?
- This can be a hard question to answer. Under the guidelines of the ADA, as a business owner or employee, you are only permitted to ask three questions to a person in your business with a dog. These questions are: Are you disabled? Is this a service dog? and What tasks does this dog do to assist you? If the answers to the first two questions are yes, and the dog user can give at least one thing the dog does, the dog is a service dog and must be permitted in your business.
- Can I ask to see papers or an ID for the dog?
- No, you cannot. It is that simple. Some people have IDs for their dogs provided by programs, some do not. Some people make IDs on their computers and have them laminated at Kinkos. Regardless of where the ID comes from, it has no legal standing and means nothing. There is no standard design or overseeing agency, and having a service dog ID does not indicate any level of training. Let me say it one more time: Asking for an ID or paperwork on a service dog is illegal!
- When can I exclude a service dog from my business?
- In the vast majority of cases, you can only exclude a dog if it becomes out of control or dangerous. Please note: just because you think a dog might become out of control or dangerous is not a legal reason to exclude it. The dog must actually be out of control or dangerous. In a very few situations (operating rooms, certain areas of zoos, wildlife parks etc.) service dogs can be excluded because they would pose a direct danger to the business by their mere presence. This however is very rare.
- If someone is not visibly disabled, can I ask them what their disability is?
- No. This is private information, and asking for this information is illegal.
Interacting politely with service dog users: Treating us in ways that will make us want to come back to your business
The best thing you can do as a business owner or employee to help a service dog team is to leave them alone unless they ask for help. We run into access problems on a regular basis, and being challenged will often make us want to take our business elsewhere. Do not grab the handler or the dog. Do not assume the handler is blind. Don't pet the dog. And please, don't assume that we want to stop what we're doing to talk about your pet. The main thing we want, as service dog users, is to be permitted to go about our business like everyone else. If you must question us, do so politely, quietly and legally. Don't create a scene. The chances are very high that you are dealing with a legitimate service dog team, and the chances are very high that we are willing to take you to court if you are out of line. Smile when you approach, and don't be confrontational. We are good at what we do and we know what questions you are going to ask before they come out of your mouth so don't be surprised if we answer them before you ask. If you have challenged us, after we answer your questions, thank us for our time and apologize for the inconvenience. Keep in mind that for many of us, going to a store or restaurant and being refused service can result in several years of legal action that will take time away from our families and our jobs. We don't want trouble, but we aren't afraid of it either.
Gestures we tend to really appreciate
-In restaurants ask us what type of seating we prefer. Some dog users prefer booths, others prefer tables. Some like to be seated by walls where the dog can lie undisturbed. Try to accommodate if you can. Feel free to offer water for the dog, but don't be offended if we don't accept it. We appreciate the gesture. -Compliment our dog's behavior instead of his appearance. Generally service dog users don't have a lot of say over how cute our dog is. We need a dog that can work the way we need it to. However, we spend a lot of time training, refreshing and polishing our dog's behavior. Especially in the case of handler-trainers it can really make our day to hear how well behaved our dog is. -If you see us having trouble getting an individual or their child to stop bothering us, feel free to ask if we need help. Sometimes all it takes is the presence of another person to shake someone that just won't leave us alone. -You are welcome to ask us if we would like assistance, but please don't assume we need help. Service dogs are one of many tools that provide greater independence to people with disabilities, and in general we tend to be very proud and protective of our independence. Forcing help on us shows you do not respect our independence, but politely accepting no means a lot.
