Can businesses ask for proof of a service dog’s certification?

Businesses cannot legally ask for proof of a service dog’s certification under the Americans with Disabilities Act (ADA). The ADA defines a service animal as a dog that is individually trained to perform tasks or work for a person with a disability. This includes tasks such as guiding individuals who are blind, alerting individuals who are deaf, pulling a wheelchair, or performing other specialized tasks. Emotional support animals, therapy animals, and pets are not considered service animals under the ADA, and different rules apply to them.

When a person with a service dog enters a business, the business is only allowed to ask two specific questions to determine if the dog is a service animal:
1. Is the dog a service animal required because of a disability?
2. What work or task has the dog been trained to perform?

Businesses cannot require documentation, such as proof of certification, training, or licensing, as a condition for entry. They also cannot ask about the nature or extent of the person’s disability or demand that the service dog demonstrate its tasks. These restrictions are in place to protect the privacy and rights of individuals with disabilities.

However, businesses are allowed to exclude a service animal if it is not under control of the handler or if it poses a direct threat to the health or safety of others. For example, if a dog is barking excessively, growling, or behaving aggressively, the business can ask the handler to remove the dog. Additionally, if the dog is not housebroken, the business can also require the dog to be removed.

It’s important to note that while the ADA does not require service dogs to be certified, some organizations offer voluntary certification programs. These programs may provide identification cards, vests, or other documentation, but they are not legally required. Some handlers choose to use these tools to make it easier to identify their service dog in public, but businesses cannot demand to see such documentation.

Misrepresentation of a pet as a service animal is a growing concern. Some individuals may falsely claim that their pet is a service animal to gain access to public places or housing. This practice undermines the legitimacy of genuine service animals and can create challenges for businesses and individuals with disabilities. Some states have enacted laws to penalize misrepresentation, but enforcement can be difficult.

For businesses, it’s important to train staff on the ADA guidelines to ensure compliance and avoid discrimination. Staff should understand the two questions they are allowed to ask and recognize that they cannot require proof of certification. They should also be aware of the circumstances under which a service animal can be excluded.

For individuals with service dogs, it’s helpful to be prepared to answer the two questions if asked. While not required, carrying a copy of the ADA guidelines or having a vest or identification for the service dog can help avoid misunderstandings. It’s also important to ensure that the service dog is well-behaved and under control at all times to maintain access to public spaces.

If a business refuses entry to a legitimate service dog or asks inappropriate questions, the individual can file a complaint with the U.S. Department of Justice. The ADA provides protections to ensure that individuals with disabilities can fully participate in public life, and businesses must adhere to these regulations.

In summary, businesses cannot ask for proof of a service dog’s certification. They are limited to asking two specific questions to determine if the dog is a service animal. Understanding and following these guidelines helps ensure that individuals with disabilities can access public spaces with their service dogs while maintaining their privacy and dignity.