ADA Frequently Asked Questions
Category: General
Question: #4
What is the difference between a service animal and an emotional support animal?
Answer:
The ADA protects people with disabilities and their right to bring trained service animals into covered locations like businesses, hotels, hospitals, grocery stores, government buildings, etc.
Emotional support animals are not specifically defined under the ADA but they still provide valuable services and may be covered for access in certain situations.
1. Service Animals: Dogs or miniature horses that are individually trained to do work or perform tasks for people with disabilities. Generally, trained service animals are allowed in any public space their handler is allowed to go, however, there are exceptions. For example, if the presence of the animal would result in a fundamental alteration or a direct threat to health and safety, the animal may be denied access. If this happens, the handler must be given the opportunity to receive goods or services without their animal present. Dogs or miniature horses whose sole function is to provide comfort or emotional support (e.g. emotional support animals) do not qualify as service animals under the ADA.
2. Emotional Support Animals (ESAs):These animals are often used as part of a disability-related treatment plan to provide companionship, relieve loneliness, help with depression, anxiety, etc. Unlike service animals, ESAs do not have training to perform specific tasks. However, they may be covered under the Fair Housing Act (FHA) as a housing accommodation for a person with a disability and, in some instances, could be considered as a workplace accommodation under Title I of the ADA. However, ESAs are not considered trained service animals and are not protected under the ADA for general public access.
What's the Difference?
The difference between an ESA and a service animal is in the training. For example, the Department of Justice has specified that if a dog has been trained to sense that an anxiety attack is about to happen and take a specific action to help avoid the attack or lessen its impact, this would qualify as a service animal task. However, if the dog’s mere presence provides comfort, that would not be considered a service animal under the ADA as the animal has not been trained to recognize or take a specific action related to the handler's disability. In addition, service animals must be housebroken and kept under control in public places covered by the ADA or they can be removed. This often requires extensive behavioral training for the animal to be effective and reliable in public places.
Resource(s):
Frequently Asked Questions (FAQ) about Service Animals and the ADA
Emotional support animals are not specifically defined under the ADA but they still provide valuable services and may be covered for access in certain situations.
1. Service Animals: Dogs or miniature horses that are individually trained to do work or perform tasks for people with disabilities. Generally, trained service animals are allowed in any public space their handler is allowed to go, however, there are exceptions. For example, if the presence of the animal would result in a fundamental alteration or a direct threat to health and safety, the animal may be denied access. If this happens, the handler must be given the opportunity to receive goods or services without their animal present. Dogs or miniature horses whose sole function is to provide comfort or emotional support (e.g. emotional support animals) do not qualify as service animals under the ADA.
2. Emotional Support Animals (ESAs):These animals are often used as part of a disability-related treatment plan to provide companionship, relieve loneliness, help with depression, anxiety, etc. Unlike service animals, ESAs do not have training to perform specific tasks. However, they may be covered under the Fair Housing Act (FHA) as a housing accommodation for a person with a disability and, in some instances, could be considered as a workplace accommodation under Title I of the ADA. However, ESAs are not considered trained service animals and are not protected under the ADA for general public access.
What's the Difference?
The difference between an ESA and a service animal is in the training. For example, the Department of Justice has specified that if a dog has been trained to sense that an anxiety attack is about to happen and take a specific action to help avoid the attack or lessen its impact, this would qualify as a service animal task. However, if the dog’s mere presence provides comfort, that would not be considered a service animal under the ADA as the animal has not been trained to recognize or take a specific action related to the handler's disability. In addition, service animals must be housebroken and kept under control in public places covered by the ADA or they can be removed. This often requires extensive behavioral training for the animal to be effective and reliable in public places.
Resource(s):
Frequently Asked Questions (FAQ) about Service Animals and the ADA
