Differentiating Among Service Animals, Emotional Support Animals, and Pets

Introduction

Animals play a significant role in the lives of many of us. We often consider our animals as members of the family. The Americans with Disabilities Act (ADA) recognizes medical care-giving animals as different from pets and, together with other laws has created special protections and privileges for such animals. 

According to the ADA, Service Animals (SAs) are dogs individually and specially trained to perform tasks for a person with a disability. The functions performed must directly relate to the person's disability. Examples include guiding a blind person, alerting a deaf person, pulling a wheelchair, alerting and protecting a person having a seizure, or reminding a person with mental illness to take prescribed medications.

Emotional support animals provide companionship, relieve loneliness, and sometimes help with depression, anxiety, and certain phobias, but do not have special training to perform tasks that assist people with disabilities. Emotional support animals are not limited to dogs.

Animals that live with us and love us but do not qualify as service or emotional support animals still play an essential role in our lives, but they are simply pets. No matter how much we love them, they generally lack the training and socialization required of SAs and EAAs and should not (and do not legally) get the rights and privileges accorded to EAAs or SAs.

Distinguishing Between SAs and EAAs

Service Animals

SAs assist with many types of disabilities. Having a recognized and diagnosed disability constitutes the basic requirement to qualify for getting an SA. The ADA provides that State and local governments, businesses, and nonprofit organizations serving the general public must allow service animals to accompany people with disabilities in all areas of the facility where the public may go. 

SAs require extensive behavioral training to enable them to interact with the public consistently, reliably, and safely, as well as specific training to perform tasks directly related to an individual's disability. That training and functionality make the dog an SA when used to help someone with a disability. According to the Americans with Disabilities Act (ADA), a service animal is typically a dog individually trained to do work or perform tasks for a person with a disability. The functions performed by the animal must directly relate to the person's disability. Examples include guiding people who are blind, alerting those who are deaf, pulling a wheelchair, alerting and protecting a person having a seizure, or reminding a person with mental illness to take prescribed medications.

The handler must have control of the SA. SAs must be harnessed, leashed, or tethered in public unless the individual’s disability prevents using these devices or they interfere with the SA safely and effectively doing its job. In that case, the individual must maintain control of the animal through voice, signal, or other adequate controls.

The ADA creates no registration process for SAs. Most states have no registration requirements or licensing requirements.  If you look online, you will find organizations that purport to license or register SAs. Such registration has no legal significance under the ADA, and a dog may be an SA with or without such registration. If you look on Amazon or in other locations, you can find many vendors happy to sell you a vest that says “Service Dog” or something similar. Anyone can buy them, but putting them on your pet does not make him or her an SA. 

The law limits the ability to question a claim that an animal is an SA. People may ask two questions:

1. Is the dog a service animal required because of a disability?
2. What work or task has the dog been trained to perform? The law prohibits questions about the person’s disability, requiring documentation for the dog, or asking that the dog demonstrate its ability to perform the work or task.

Emotional Assistance Animals

Emotional assistance animals (EAAs) provide comfort and support to individuals with emotional or psychological conditions. EAAs do not require specialized training to perform specific tasks. Their presence alone helps alleviate symptoms of emotional distress. These animals can be any species and are often recommended by mental health professionals as part of a treatment plan for individuals with anxiety, depression, and other mental health conditions.

Rights and Privileges

Service Animals

The ADA (Americans with Disabilities Act) provides that SAs can accompany their handlers in all public spaces, including restaurants, hotels, public transportation, and stores.  Employers must allow service animals in the workplace as a reasonable accommodation under the ADA unless doing so would cause undue hardship to the business. Under the Fair Housing Act (FHA), landlords must make reasonable accommodations for individuals with service animals, even in pet-restricted housing. They cannot charge pet fees for service animals.

Emotional Assistance Animals

Under the FHA, EAAs are allowed in pet-restricted housing as a reasonable accommodation for individuals with a documented need for emotional support. Landlords cannot charge pet fees but can require proof of the need for the animal. Air Carrier Access Act (ACAA) allows airlines to follow their own policies regarding EAAs. Airlines may require documentation and notice for EAA travel.

How to Obtain a Service Animal or an Emotional Assistance Animal

Service Animals

Eligibility:

To qualify for a service animal, an individual must have a disability substantially limiting one or more major life activities. This can include physical disabilities, sensory disabilities, psychiatric disabilities, intellectual disabilities, or other mental disabilities.

Steps to Obtain a Service Animal:

• Consultation with a Medical Professional: Obtain a diagnosis and a recommendation from a licensed healthcare provider, such as a doctor or psychiatrist, which states the need for a service animal.
• Selecting a Service Animal: Choose a service animal that can be trained to perform tasks related to the handler's disability.
• Training: The animal must undergo specialized training to perform specific tasks that assist with the handler's disability. This can be done through professional training organizations or by the handler themselves.
• Certification and Registration: While the ADA does not require service animals to be certified or registered, some states may have voluntary programs that offer additional credentials.

Emotional Assistance Animals (EAAs)

Eligibility:

To qualify for an emotional assistance animal, an individual must have a mental health condition or emotional disorder diagnosed by a licensed mental health professional. This can include anxiety, depression, PTSD, or other emotional difficulties.

Steps to Obtain an Emotional Assistance Animal:

• Consultation with a Mental Health Professional: Obtain a diagnosis and a letter of recommendation from a licensed mental health professional, such as a therapist, psychologist, or psychiatrist, which states the need for an emotional assistance animal.
• Selecting an EAA: Choose an animal that provides comfort and emotional support. Unlike service animals, EAAs do not require specific training to perform tasks.
• Documentation: Keep a copy of the recommendation letter, as it may be required for housing or travel accommodations. This letter typically needs to be updated annually.

Abuses of the Law: Falsely Labeling a Pet

Animals that do not qualify as SAs or EAAs have the designation of “pet”. Pets have an important role in our lives, and we often think of them and treat them as part of our family. We want them with us, leading people to misrepresent their pets as SAs or EAAs. The ADA makes such abuse easy, and the restrictions on inquiries about SAs and EAAs under the ADA have fostered abuse of the laws by individuals claiming a pet as an SA or an EAA.

As SAs and EAAs play crucial roles in supporting individuals with disabilities and mental health conditions, the misuse of laws about these animals has become a growing concern. It is just too easy to go on Amazon and buy a vest that says, “Service Dog”. Some individuals exploit these regulations to gain benefits to which they have no right, such as access to restricted areas or housing that rarely allows pets. Misrepresentation undermines the credibility and trust in legitimate service animals and their handlers, potentially making it harder for them to exercise their rights.

Conclusion

Proper administration and respect of laws about service animals (SAs) and emotional assistance animals (EAAs) are essential to preserving their intended purpose. Ensuring that only qualified animals use these designations protects the integrity and trust placed in these animals and their handlers.

NOTE: Training an SA takes a lot of time and effort. A well-trained SA should handle public interactions and crowds without a problem. SAs, like people, seldom achieve perfection, and even a well-trained SA might react inappropriately, particularly if it is under stress. The more crowded and stimulating the environment, the more likely the SA might respond inappropriately. Don’t make it more difficult for the handler by going up to an SA and petting it. Always ask for and receive permission first, even if you know the animal and have received authorization on other occasions.