In a comment to the service dog v. therapy dog blog entry, I promised that I would follow-up with an exploration of whether the Department of Justice regulations with respect to service dogs and how they differ from therapy dogs and the corresponding difference in treatment with respect to the ADA, would survive a challenge
Service animal
Service Dogs v. Emotional Support Animals
By William Goren on
One of the confusing issues out there is the difference between a service dog, emotional support animal, and a therapy dog and why it matters. 28 C.F.R. § 35.104 and 28 C.F.R. § 36.104 (the sections of the federal regulation that apply to service animals for public entities and for places of public accommodations respectively),…
Laws do not exist in a vacuum (FHA v ADA, FMLA v ADA)
By William Goren on
One of the things that’s easy to do is forget that laws do not exist in a vacuum. On the employment side, you see this all the time. For example, under the Americans with Disabilities Act, the critical question is whether a person can perform the essential functions of the job with or without reasonable…