Establishing Better Proof of Service Animal Status Is in Everyone’s Interest

June 1, 2015 – In The News
The LexBlog Network

Jeffrey Polsky was featured in The LexBlog Network article, "Establishing Better Proof of Service Animal Status is in Everyone’s Interest." Full text can be found in the June 1, 2015, issue, but a synopsis is below.

According to federal law, service animals are only dogs with documentation. However, when it comes to state laws, differentiation often becomes very difficult.

The Americans With Disabilities Act’s regulation on service animals is very loose in order to minimize how much the owners are questioned.

According to Jeffrey Polsky, it is time for a way to dictate if a service animal is legitimate or not.

In his post on Fox Rothschild’s California Employment Law blog, Polsky wrote the following:

Now Phyllis Cheng, who directs California’s Department of Fair Employment and Housing, has joined the chorus of those saying that there should be a way to verify that an animal provides legitimate assistance with a disability. Is she saying this because she’s sympathetic to the burdens placed on businesses? No, the concern is that people who legitimately need service animals are being met with suspicion and that makes them uncomfortable.

Whatever the reason, the law needs to change. If someone needs a service animal, they should absolutely get to use one. But everyone acknowledges that the law’s being abused.”