Good Boy! Modifying Employee Policies for Service Animals Under the ADA
In recent years, Texas cities have seen a rise in requests from employees to bring service animals to work. Texas municipalities face unique legal considerations in determining when and how to provide such an accommodation. Understanding the intersection of federal and state laws is crucial for cities to establish policies ensuring employee protection and legal compliance while also maintaining operational effectiveness.
Texas law and the federal Americans with Disabilities Act (ADA) guarantee the right of persons with disabilities, including those with post-traumatic stress disorder (PTSD), to be accompanied by trained service animals in public places. Under Title I of the Americans with Disabilities Act (ADA), employers with 15 or more employees must provide reasonable accommodations to qualified employees with disabilities, unless doing so would create an undue hardship. Accommodations are considered reasonable if they do not create an undue hardship, defined as requiring significant difficulty or expense. ADA requirements provide that the accommodation must enable employees to perform essential job functions and enjoy equal employment opportunities.
Texas follows federal standards, and as public employers, Texas cities must modify their policies, practices and procedures on a case-by-case basis to allow employees use of service animals at work. Texas municipalities must generally accommodate service animals in the workplace when: (1) the employee has a qualifying disability under the ADA definition; (2) the animal is properly trained as a service animal; (3) the accommodation is reasonable and doesn’t fundamentally alter job functions; and (4) no undue hardship exists to the municipality. Municipalities may lawfully restrict or deny service animal accommodations when: (1) the service animal’s presence creates a direct threat to other persons or fundamentally alters the nature of services; (2) a particular accommodation would create undue hardship, such as prohibitive costs or operational impacts; or (3) the service animal prevents performance of essential job functions that cannot be modified.
Peace officers and firefighters present unique challenges. While their disabilities must be accommodated, the inherently dangerous and unpredictable nature of their work requires careful analysis. Municipalities must evaluate whether service animals can safely accompany officers during patrol duties, emergency responses, or fire suppression activities without creating additional risks. Such risks might include situations where the animal could interfere with rescue operations or tactical responses. Since the ADA requires that a service animal be under the control of the handler (employee) and be leashed at all times, the service animal would necessarily have to accompany a firefighter on emergency responses. This means that the animal would have to ride in the city’s vehicle and accompany the firefighter at the scene of a fire or other emergency. If the municipality does not have the resources to provide all such accommodations without compromising the legitimate safety requirements necessary for safe operations, then the accommodations may not be considered reasonable under the law.
The key is individualized assessment. A service animal that assists an officer with PTSD during administrative duties might not be appropriate during high-risk tactical operations, requiring flexible accommodation strategies.
Successful accommodation requires clear policies and open lines of communication. Municipalities should engage in good-faith interactive processes with requesting employees, document decision-making rationales, and consider creative solutions like modified schedules or alternative assignments when direct accommodation isn’t feasible. In the end, municipalities must balance the individual needs of qualified employees with operational requirements and public safety obligations.
Please do not rely on this article as legal advice. We can tell you what the law is, but until we know the facts of your given situation, we cannot provide legal guidance. This website is for informational purposes and not for the purposes of providing legal advice.
