Are Service Dogs in Training Covered Under the ADA?
The Americans with Disabilities Act (ADA) is a landmark piece of legislation that prohibits discrimination against individuals with disabilities in various areas of public life, including employment, transportation, public accommodations, and telecommunications. While the ADA clearly protects individuals with disabilities who use service animals, the question of whether service dogs in training are also covered under the ADA can be more complex.
The ADA's Definition of a Service Animal
The ADA defines a service animal as a dog that has been individually trained to do work or perform tasks for an individual with a disability. This definition is key in understanding the coverage of service dogs in training.
The "In Training" Distinction
The ADA does not specifically mention service animals in training. However, the law does state that a person with a disability can be accompanied by a service animal that is in training. The critical point here is that the animal must be in training to perform tasks for an individual with a disability. This suggests that the dog must be undergoing a formal training program and that its purpose is to ultimately assist someone with a disability.
What This Means for Service Dogs in Training
Here's what the ADA's position on service dogs in training means in practice:
- Access: Individuals with disabilities who use service dogs in training may be granted access to public places, similar to individuals with service animals that are fully trained.
- Tasks: The dog must be in training to perform tasks that relate to the individual's disability. Simply being a dog in a vest or harness is not enough.
- Responsibility: The individual with the disability remains responsible for the dog's behavior and ensuring it does not cause any disruption or safety concerns.
Additional Considerations
It's important to note that the ADA does not mandate specific training programs or certification requirements for service dogs in training. However, individuals with disabilities who use service dogs in training should be prepared to:
- Provide documentation: If requested, be able to provide documentation that verifies the dog's training program.
- Demonstrate tasks: Be able to demonstrate how the dog is being trained to perform tasks for their disability.
- Comply with reasonable requests: Be willing to comply with reasonable requests from businesses regarding the dog's behavior.
Conclusion
While the ADA does not specifically address service animals in training, it does recognize the right of individuals with disabilities to have their service animals in training accompany them in public places. This right is subject to the requirement that the animal be undergoing training to perform tasks for an individual with a disability and that the individual remains responsible for the dog's behavior.