|
Statute |
Training |
Certification |
Documentation |
Comfort/ |
Service Animals-in-Training |
Enforcement Entities |
|
Americans with Disabilities Act |
Yes. Under the ADA, a service animal must be individually trained to do work or perform tasks for the benefit of an individual with a disability. Service animals can be professionally trained or trained by the handler themselves. |
No. Under Title II (State and Local Government) and Title III (Public Accommodations, meaning private businesses), a service animal handler does not need to provide certification for his or her service animal. |
Yes. Title I of the ADA, regarding employment, does not specifically address service animals in the workplace, so they are considered a reasonable accommodation. As such, documentation may be requested by an employer. |
No. Comfort animals do not have rights under the ADA. For example, businesses to do not have the legal obligation to admit a comfort animal if there is a “no pets” policy, as under the ADA these animals are in essence “pets”. |
No. The ADA does not address service animals-in-training, but rather gives each independent state the right to make its own laws regarding the rights of service animals-in-training. |
Dept. of Justice Equal Employment Opportunity Commission [Federal -Title I] State Legislation [Local] |
|
Alaska Interference With Rights of Physically or Mentally Challenged Person |
Yes. According to Alaska law, a service animal is trained to assist a physically or mentally challenged person. |
Sometimes. When the issue is for drivers to take precaution to avoid injuring service animals or handlers, Alaska law does not mention certification as necessary for a “service animal”. Otherwise, service animals are referred to as “certified service animals” in Alaska law. Thus, certification from an authorized training school can be required for access with a service animal in the case of private and public businesses, transportation, etc. |
No. Alaska law does not address a requirement of documentation or identification, including unique dog tags, with regards to service animals. |
No. Alaska law does not address the rights of comfort or emotional support animals. |
Yes. Service animals-in-trainings do have rights under Alaska law. They must be accompanied by an “authorized” trainer, and be identified by wearing a device or exhibiting an insignia approved by a school, agency, or other facility that trains service animals. |
Alaska Statute |
|
Idaho |
Yes. According to Idaho Code, an “assistance dog” is either a dog that has been trained as a “guide dog”, for a person who is blind or has a vision disability; a “hearing dog”, for a person with a hearing disability; or a “service dog”, for a person with a physical disability. |
No. There are no legal requirements for service animals to be specially certified, or for handlers to have proof of service animal status by certification. |
No. Idaho Code does not address a requirement of documentation or identification, including unique dog tags, with regards to service animals. |
No. Idaho Code does not address the rights of comfort or emotional support animals. |
Yes. Idaho Code recognizes service animals-in-training, and thus businesses, public programs, and workplaces have a legal obligation to allow access to service animals-in-training. Idaho Code does stipulate that the “dog-in-training” will wear a jacket, collar, scarf or other similar article to identify it as a dog-in-training. |
Idaho Code |
|
Oregon |
Yes. Oregon defines an “assistance animal” as any animal trained to assist a person with a physical disability in one or more daily life activities. This umbrella term includes, but is not limited to, “dog guides”, trained to lead or guide a person who is blind; and “hearing ear dogs”, trained to assist a person who is deaf. |
No. There are no legal requirements for service animals to be specially certified, or for handlers to have proof of service animal status by certification. |
No. The Oregon does not address a requirement of documentation or identification, including unique dog tags, with regards to service animals. |
No. Oregon does not address the rights of comfort or emotional support animals. |
Yes. Oregon recognizes the rights of “assistance animal trainees”, defined as any animal undergoing training to assist a person with a physical impairment. This includes “hearing ear dog trainees” and “dog guide trainees”. |
Oregon Revised Statutes |
|
Washington State |
Yes. Washington State law defines a service animal as an animal that is trained to accommodate or assist a sensory, mental, or physical disability of a person with a disability. The law also defines a “dog guide” as a dog trained to guide persons who are blind, or trained to assist persons who are hearing impaired. |
No. There are no legal requirements for service animals to be specially certified, or for handlers to have proof of service animal status by certification. |
No. Washington State law does not address a requirement of documentation or identification, including unique dog tags, with regards to service animals. |
No. Comfort or emotional support animals do not have rights under Washington State law. |
No. Washington State Law does not address service animals-in-training. A program or facility certainly can allow a service animal-in-training access, but it is under no legal obligation to do so. |
Revised Code of Washington |
|
Fair Housing Act |
No, not necessarily. Under the FHA, an individual must have a disability-related need for the animal. However, the function of the assistance or emotional support animal may be one that they are not necessarily trained to do. |
No. Even if the assistance animal is a reasonable accommodation, the housing entity may not require certification to verify the assistance animal’s status as such. |
Yes. Housing entities may request documentation of a tenant’s disability and/or a letter of support from a treating physician to confirm that the tenant does need the assistance animal. |
Yes. Under the FHA, housing entities must admit any type of “assistance animal”, a term which includes service animals as well as comfort animals or emotional support animals. |
No. Service animals-in-training are not addressed in the FHA. These rights are determined by individual state laws. |
|
|
Air Carrier Access Act |
Yes. The ACAA defines a service animal as “any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability”. U.S. air carriers and their foreign partners must recognize service animals and consider their presence in the cabin to be a reasonable modification of policy. |
No. The ACAA says that air carriers must accept service animals based on any type of identification or “the credible verbal assurances of a qualified individual with a disability using the animal”. |
Yes. Despite what the ACAA says, the Dept. of Transportation (DOT) requires
air carriers to ask for documentation when a passenger would like
his or her service animal to travel within the cabin. A letter from a
treating physician or vocational caseworker would be sufficient to
meet the DOT requirement. |
Yes. Under the ACAA, U.S. air carriers and their foreign partners must allow emotional support animals in the cabin if requested. |
No. The ACAA does not address service animals-in-training and is not required to carry them as they do not meet the requirements of a “service animal” according to this statute. However, carriers are free to make their own individual policies with regards to carrying any pets, including service animals-in-training, provided they comply with the Animal Welfare Act and are consistent with health and safety codes. |
Aviation Consumer Protection Division; |
For more information contact us at: 1-800-949-4232