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"Can I bring my dog to work?" Emotional support animals and the ADA

By Jonathan Hyman on October 5, 2026
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A firefighter with PTSD asks to bring his dog to work as a reasonable accommodation. The dog helps calm him. His psychologist supports the request.

Does the ADA require the employer to say yes?

Not necessarily.

In Fisher v. City of Lansing, a firefighter claimed that the city violated the ADA when it refused to let him bring his dog, Chet, to the fire station. Fisher had PTSD, and his psychologist recommended an emotional support animal to help manage his symptoms at work.

The court sided with the city.


Two dogs, vizlas, one older and one younger, supporting each other.

The problem wasn’t whether Fisher had a disability. It was whether the dog was necessary as a reasonable accommodation. To prevail on an ADA failure-to-accommodate claim, an employee must show that the requested accommodation is both reasonable and necessary — that it addresses an obstacle preventing the employee from performing an essential job function.

Fisher couldn’t make that showing.

He admitted that he could perform his job without the dog. “Not well,” as he put it, but he could perform it. His psychologist likewise couldn’t identify any particular job duty Fisher could not perform without the animal. Instead, the doctor testified that the dog had a calming effect on him.

That’s where the distinction between a service animal and an emotional support animal becomes important.

Under the ADA regulations governing public entities and public accommodations, a service animal is a dog individually trained to perform work or tasks directly related to someone’s disability. Emotional support, comfort, companionship, and a calming presence, standing alone, don’t qualify.

But employers need to be careful with that distinction.

Those definitions come from Titles II and III of the ADA. Title I (the part of the ADA governing employment) doesn’t contain the same service-animal definition or automatically exclude emotional-support animals from consideration. The Job Accommodation Network therefore recommends that employers treat requests for both service animals and ESAs like other reasonable-accommodation requests: engage in the interactive process and determine whether the animal is needed because of the employee’s disability.

In other words: “It’s an ESA, not a service dog” should not end the conversation.

For employers, the better approach is:

  1. Start the interactive process. Don’t get hung up on labels.

  2. Ask what limitation the animal addresses and how it helps the employee perform the job or access an equal workplace benefit.

  3. Request appropriate medical documentation when the disability or need isn’t obvious.

  4. Focus on necessity, not preference. “This helps me” isn’t necessarily the same as “I need this because of my disability.”

  5. Consider the actual workplace. Safety, sanitation, allergies, disruption, animal control, and essential job duties all matter.

  6. Document the analysis. A categorical “no animals” rule is much harder to defend than an individualized ADA assessment.

The ADA doesn’t require employers to turn every workplace into a dog- or peacock-friendly office.

But it does require them to treat “Can I bring my dog to work?” as an accommodation question, not merely a pet-policy question. 

     

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Photo of Jonathan Hyman Jonathan Hyman
Jon Hyman is a trusted advisor to small and mid-sized businesses across various industries, helping them solve workforce challenges and defend against legal disputes.
He is a shareholder at Wickens Herzer Panza in Avon, Ohio, where he chairs the firm’s Employment and Labor
…
Jon Hyman is a trusted advisor to small and mid-sized businesses across various industries, helping them solve workforce challenges and defend against legal disputes.
He is a shareholder at Wickens Herzer Panza in Avon, Ohio, where he chairs the firm’s Employment and Labor practice group and its Craft Beer practice group, and serves on the firm’s Board of Directors. Jon works closely with clients on all aspects of labor and employment law, providing proactive solutions to prevent issues and a strong defense in litigation when conflicts arise.
As outside in-house counsel, Jon is the go-to advisor businesses call when they need help with employee terminations, drafting policies, handling leave or accommodations, or navigating tricky internal complaints. He also brings deep expertise in areas like wage and hour compliance, workplace technology issues, and union avoidance. Jon builds lasting partnerships with his clients, understanding their unique challenges and helping them achieve long-term compliance and success
When it comes to litigation, Jon stands up for businesses in disputes over discrimination, harassment, wrongful discharge, non-competes, trade secrets, wage and hour issues, and union matters. Jon works with his clients to craft targeted defense strategies that protect their interests and aim for resolutions that support their broader business goals.
Jon also leads the firm’s Craft Beer practice, where he helps breweries, brewpubs, taprooms, and other craft beer businesses tackle their unique legal and regulatory needs.
Jon writes the award-winning Ohio Employer Law Blog, which the ABA Blawg Hall of Fame recognized for its daily insights on labor and employment law. His updates help his clients, HR professionals, and other business leaders stay ahead of labor and employment law changes that impact their daily operations.
Read more about Jonathan HymanEmailJonathan's Linkedin Profile
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  • Posted in:
    Employment & Labor
  • Blog:
    Ohio Employer Law Blog
  • Organization:
    Wickens Herzer Panza
  • Article: View Original Source

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