XI. Service animals

03/23/2018

· For information regarding income adjustments in OISP and OSIPM for service animals, please see 461-155-0530.

· For information regarding SNAP deduction for a qualified service animal, please see FSM G. 21: Medical deduction for elderly/clients with disabilities.

The Americans with Disabilities Act (ADA) and the State of Oregon have provided laws and guidelines for government offices, businesses, and organization to alleviate confusion around service animals and their ability to access government facilities.

Any consumer of applicant who presents in an office with a service animal must be treated exactly the same as every other person; they cannot be asked to leave the area or building.

If for some reason the lobby is not safe for the service animal, staff must find a location in the office where the consumer or applicant and their service animal can be safely served away from the threat, such as an interview area.

Staff may not refuse to serve a consumer or applicant with a service animal and should never speculate on the usefulness or legitimacy of the animal or the consumer’s need.

Here are a few things to keep in mind:

· Staff may ask if an animal is a service animal but they may not ask for documentation or proof of the animal’s status;

· Staff may not ask what disability the animal serves;

· Offices must allow service animals in the same areas – such as the lobby or interview room – where the consumer goes.

Below is the language from the Americans with Disabilities Act fact sheet specifying what employees are allowed to ask a consumer; please remember animals other than dogs may be service animals:

To determine if an animal is a service animal, a public entity or a private business may ask two questions:

· Is this animal required because of a disability?

· What work or task has this animal been trained to perform?

Staff may request the animal be removed if it is not housebroken or the animal cannot be controlled by the consumer. If the animal appears to be out of control, first consider the setting and offer a quieter place to wait, if appropriate.

Resources:

· Americans with Disabilities Act information, guidance, and training website

· Chapter 15, Oregon laws

· US Department of Justice, Civil Rights Divisions, Frequently Asked Questions about Service Animals and the ADA