PAWS FOR ASSISTANCE: A GUIDE TO SERVICE AND EMOTIONAL SUPPORT ANIMALS PRESENTED BY DEBI DAVIS, MSW, DISABILITY RIGHTS CALIFORNIA Slide 2 DISABILITY RIGHTS CALIFORNIA (DRC) California’s Protection & Advocacy System Mission Statement: Advocate, educate, investigate and litigate to advance and protect the rights of Californians with disabilities. Slide 3 DRC SERVICES Intake & Referral Self-help materials and other publications Training Public policy & legislative advocacy State hospital patients’ rights advocates Clients’ rights advocates for clients of regional centers Legal counsel & advice Representation of individuals with disabilities in priority areas Systemic litigation Slide 4 DISCLAIMER This training is not legal advice. Nothing said during this training is confidential. 1
If you have a disability-related legal issue that you would like to discuss with Disability Rights California, please call our intake line at 800-776-5746. Slide 5 TRAINING AGENDA 1. Definitions of Psychiatric Service and Emotional Support Animals (PSA’s & ESA’s) 2. Their Benefits to Recovery 3. Laws Protecting our Rights to PSA’s & ESA’s: - Public Access, Housing, Employment & Airlines Slide 6 PSYCHIATRIC SERVICE ANIMAL (PSA) OR EMOTIONAL SUPPORT ANIMAL (ESA)? WHAT’S THE DIFFERENCE? Slide 7 SERVICE ANIMAL – DOG OR MINIATURE HORSE Slide 8 Service dogs are working animals and not considered pets. They’re extensively trained to perform specific disability-related tasks. Slide 9 EXAMPLES OF TASKS Preventing/interrupting impulsive, destructive or self-harmful behaviors Reminding a person to take their medication Removing a person from distressing situations Alerting a person to panic attacks 2
Slide 10 TRAINING AND CERTIFICATION A service animal may be trained by a non-certified professional, a friend, a family member or the person with a disability. Under the Americans with Disabilities Act (ADA), A service animal doesn’t need to be registered Slide 11 EMOTIONAL SUPPORT ANIMAL Provides comfort to a person with a disability Not trained to perform specific tasks Can be any animal Slide 12 SERVICE VS. EMOTIONAL SUPPORT ANIMALS Service animal is: A dog or miniature horse trained to perform tasks for a person with a disability. There are no breed restrictions Emotional support animal: Any animal that provides emotional support to a person with a disability. Slide 13 SERVICE OR EMOTIONAL SUPPORT ANIMAL 1. A border collie trained to help you avoid distressing situations 2. A cat trained to alert you to a panic attack 3. A miniature poodle that prompts you to take your medication 3
Slide 14 HOW DO ANIMALS BENEFIT RECOVERY? Reduce stress, anxiety and depression Decrease social isolation Provide a sense of empowerment & responsibility Reduce tendency to perceive situations as threatening or stressful Improve feelings of self-worth Encourage motivation Slide 15 SERVICE ANIMALS: WHAT ARE MY RIGHTS? Slide 16 FEDERAL LAWS Americans with Disabilities Act (ADA): Title II: Prohibits disability discrimination in state and local government services, programs and activities Title III: Prohibits disability discrimination in places of public accommodation (businesses) Rehabilitation Act Section 504: Prohibits discrimination in programs that receive federal funding Slide 17 CALIFORNIA STATE LAWS Unruh Civil Rights Act: Prohibits discrimination in businesses Disabled Persons Act: Prohibits disability discrimination in all public places Government Code 11135: Prohibits discrimination in state government and programs that receive state funding 4
Slide 18 THE AMERICANS WITH DISABILITIES ACT (ADA) A person with a disability is someone who: 1. Has a physical or mental impairment that limits one or more major life activities; 2. Has a record of such an impairment; or 3. Is regarded as having such an impairment. Slide 19 ADA AND PUBLIC PLACES The ADA requires all private businesses open to the public to allow service animals even if the business has a ‘no pets’ policy. These include restaurants, hotels, theaters, health care setting, libraries, gyms, classrooms, etc. Slide 20 RIGHTS TO PUBLIC ACCESS ADA regulations also apply to any state or local government facility. Therefore, service animals are also allowed in government buildings and public transportation vehicles. Section 504 of the Rehabilitation Act applies to private places that receive federal funds, such as private schools that receive federal financial assistance. Slide 21 RELIGIOUS INSTITUTIONS Federal Law Places that are owned or operated by religious organization are exempt from the ADA, but are covered by Section 504 if they receive federal funds. 5
Slide 22 CAN A BUSINESS ASK ABOUT YOUR DISABILITY? A person cannot be asked about their disability or required to show medical records or certification for the service animal. Slide 23 TWO MAGIC QUESTIONS A business or a public place is only allowed to ask the service animal’s handler two questions: 1. Is the animal required because of a disability? 2. What work or task has the animal been trained to perform? Slide 24 NOT ALLOWED: 1. Questions about a person’s disability 2. Ask for medical records or a doctor’s letter 3. Vests, tags or other proof that the animal has been certified, trained, or licensed as a service animal 4. Questions about the animal’s breed Slide 25 CAN I BE DENIED ACCESS? Yes. Only if the service animal: 1. Is an actual risk or direct threat to the health and safety of others 2. Would cause substantial physical damage to the property. 3. Is not under the handler’s care and control, or is not housebroken. 4. Causes an undue financial or administrative burden or fundamentally alters the goods or services provided. 6
Slide 26 PUBLIC HEALTH ISSUES Service animals are not exempt from local animal control or public health requirements. Service animals must comply with vaccination and other local requirements for pets. Service animals do not have access to areas where the public is restricted, e.g. restaurant kitchens, operating rooms. Slide 27 SERVICE ANIMALS & EMOTIONAL SUPPORT ANIMALS: HOUSING RIGHTS Slide 28 HOUSING: THE FAIR HOUSING AMENDMENTS ACT (FHAA) Slide 29 Applies to “assistance animals” that work, perform tasks or provide emotional support for a person with a disability. Service animals and emotional support animals are allowed as a reasonable accommodation in housing. Under the FHAA, landlords and homeowners’ associations must make reasonable accommodations for people with disabilities. Slide 30 REASONABLE ACCOMMODATIONS IN HOUSING Reasonable accommodations are exceptions to rules or policies which do not provide people with disabilities an equal opportunity to use and enjoy a dwelling. 7
Slide 31 REASONABLE ACCOMMODATIONS Waiver of no-pets policy for service or emotional support animals may be a reasonable accommodation. Animal must be safe, in compliance with local laws, and under handler’s control. Slide 32 REQUESTING AN ACCOMMODATION Request need not be in any particular form. Writing is preferable, but oral requests are OK. Request should explain disability-related need for waiver of no-pets policy as a reasonable accommodation. Slide 33 CAN I BE DENIED AN ACCOMMODATION? YES - Only if the animal: Is not a disability-related need Is a direct threat to others (determined by individual assessment of the animal, not stereotypes about the breed) Causes substantial physical harm to the property of others Imposes an undue financial or administrative burden Fundamentally alters the nature of the services provided by the landlord Slide 34 EMPLOYMENT: TITLE I OF THE ADA Slide 35 The federal law prohibits employers with 15 or more employees from discriminating against “qualified” people with disabilities (including private 8
employers, state and local governments, employment agencies and labor unions). Slide 36 WHAT IS A “QUALIFIED” PERSON WITH A DISABILITY? A person with a disability is considered “qualified” if they meet the skill, experience, education or other requirements of the job. They must also be able to perform the essential functions of the position with or without reasonable accommodation. Slide 37 ACCOMMODATION REQUIREMENTS A person with a disability must request the accommodation, and the disability must be known to the employer. Thus, an employer may ask for documentation stating the employee has a disability, and there is a disability-related need for the animal. Slide 38 CAN A REASONABLE ACCOMMODATION BE DENIED? An employer is not required to make an accommodation if it would impose an "undue hardship,” requiring significant difficulty or expense. Slide 39 WHEN CAN I ASK FOR A REASONABLE ACCOMMODATION? A reasonable accommodation can be requested at all stages of the employment process, such as job application procedures, hiring, firing, advancement, compensation and training. 9
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