Assistance Animals In South Carolina
The ADA also protects employees and applicants for jobs. However, only employers who have at least 15 employees are covered by the ADA. When a person’s disability prevents performance of job duties, Title I of the ADA requires that the employer and employee meet to discuss what changes or “reasonable accommodations” are needed so the person can do the essential functions of the job and enjoy the benefits of employment. An employer is not required to make changes that would be an undue burden (excessive cost) or result in unsafe conditions for the employee or others. However, allowing an employee to have a service animal or Emotional Support Animal normally has no significant cost; nor would it be a safety hazard. Arrangements may be needed in regard to health concerns of other workers such as those who may be allergic to dogs.
Title I of the ADA is under the supervision of the federal Equal Employment Opportunity Commission (EEOC). The ADA requires employers to consider any reasonable accommodation requested by an employee to do the job or enjoy the benefits of the job.
The EEOC has successfully sued employers on behalf of people who demonstrated that a Service Dog or emotional support dog was a necessary accommodation. Commentators have noted that, in the absence of specific guidance, other animals besides a dog could be requested as reasonable accommodations.
Note: Employment claims must normally be filed with an administrative agency within 180 days of the alleged violations. This can be extended to 300 days in states like South Carolina where there is also a state anti-discrimination law. However, to be cautious, a claim should be filed within 180 days of the most recent objectionable action with federal (EEOC) or South Carolina (SCHAC) administrative agencies. See the last section of this resource manual, “How to Enforce Your Legal Rights.”
People with disabilities can still make requests to a small employer to discuss possible accommodations that would allow the person to do the job. A group called ASKJAN (Job Accommodation Network) can make suggestions at no cost. The SC Department of Vocational Rehabilitation may also help with training or changes to the workplace.