In August, the Ohio Civil Rights Commission issued an updated Technical Policy to provide guidance concerning the use of service animals by employees with disabilities. In it, the OCRC reflects that employers could be required to permit service animals, such as dogs and monkeys to enable an employee to perform the essential functions of his or her position. The employer is permitted to ask questions about the nature and extent of the employee's disability and animal's assistance. Employers can also prohibit service animals when they are not housebroken or are out of control, are threatening, hostile, aggressive, unusually disruptive, etc. and cannot be restrained, etc. It is up to the employee to control his or her animal and the parties should engage in the interactive process to establish parameters, etc.
NOTICE: This summary is designed merely to inform and alert you of recent legal developments. It does not constitute legal advice and does not apply to any particular situation because different facts could lead to different results. Information here can change or be amended without notice. Readers should not act upon this information without legal advice. If you have any questions about anything you have read, you should consult with or retain an employment attorney.
