The ADA\u2019s definition of a service animal is relatively broad: a dog that is individually trained to perform tasks or do work for the benefit of a person with a disability. The work, tasks, or duties that a service dog performs must be directly related to its owner\u2019s disability. In some cases, other animals–like miniature horses–can qualify under this definition as well.<\/p>\n
Now let\u2019s take a look at some service animal laws specific to the state of Illinois.<\/p>\n
Illinois White Cane Law<\/h3>\n
This state-specific provision requires public accommodations and facilities to allow guide dogs, hearing dogs, seizure alert dogs, seizure response dogs, and other \u201csupport\u201d dogs.<\/p>\n
Although there are no concrete definitions for these types of service animals, this provision does state that these dogs must be specially-trained or in training to assist someone who is blind, hearing-impaired, suffers from epilepsy or another seizure disorder, or is otherwise physically disabled, respectively.<\/p>\n
Given this, it\u2019s safe to assume that those who suffer from psychiatric impairments are excluded under these provisions.<\/p>\n
Illinois Human Rights Act<\/h3>\n
The provision that applies specifically to housing is similar to the White Cane Law in that it only covers guide dogs, hearing dogs, and dogs that aid physically disabled people.<\/p>\n
Illinois Criminal Code<\/h3>\n
Unlike the former two laws, this law\u2019s definition of service animals is a bit broader, expanded to include both dogs and miniature horses that are either specially-trained or in training to serve as a guide animal, hearing animal, assistance animal, mobility animal, seizure alert animal, psychiatric service animal, autism assistance animal, or any other service animal specially trained to assist with any physical, mental, or intellectual disability.<\/p>\n
This code penalizes public accommodations and facilities that refuse to admit the service animals listed, even though miniature horses\u2019 larger size may be a bit more difficult to accommodate.<\/p>\n
A Note on Emotional Support Animals<\/h3>\n
It\u2019s important to note that none of these laws, both federal and state, include emotional support animals. Emotional support animals are animals that provide their owners a sense of safety, comfort, and companionship to those with emotional or psychiatric disabilities or conditions.<\/p>\n
Despite these animals\u2019 ability to provide emotional and psychiatric support, they don\u2019t receive any special training to perform any specific tasks or duties for their owners. Neither the ADA nor Illinois state law require public accommodations or facilities to accommodate emotional support animals–only service animals.<\/p>\n
Our website has an article detailing emotional support animal laws in Illinois<\/a>.<\/p>\n The Fair Housing Act (FHA)<\/a> is a set of federal provisions that protect disabled individuals from any disability-related discrimination while renting, leasing, subletting, purchasing, or selling a property. There are also provisions for federally-assisted housing, and the FHA protects both service animals and emotional support animals.<\/p>\n To qualify under these protections, a disabled person must have a medically-verifiable, disability-related need for their service animal, meaning the animal must do work or perform tasks or duties that are related to their owner\u2019s specific disability.<\/p>\n The Illinois Human Rights Law, however, only prevents landlords from refusing to rent or sell a property to a disabled person with a guide dog, hearing dog, or other physical support dog. It\u2019s important to note that this provision applies solely to service animals specially trained to handle physical disabilities, though, and not mental or intellectual disabilities.<\/p>\n The ADA\u2019s definition of public accommodations is very broad, similar to its provisions for housing. Under the ADA, public accommodations include places like:<\/p>\n Illinois state law also makes a special note for public swimming pools, where service animals that are specially trained to perform a task or duty in the water are permitted to enter them. The only time this is prohibited is when allowing these service animals to enter a public pool would pose a direct threat to the health and safety of others, the sanitary conditions of the public pool, or the function of the facility as a whole.<\/p>\n The ADA also prohibits covered employers from refusing to grant \u201creasonable accommodations\u201d<\/a> to people with known disabilities. A reasonable accommodation is defined as \u201cany change to the work environment or in the policies or practices of an employer which enable a qualified employee with a disability to perform the essential functions of his or her position or apply for a job.\u201d Most Illinois state laws include provisions that are nearly identical to those outlined in the ADA.<\/p>\n But for a disabled person to bring their service animal to work, they must first notify their employer of their disability and that they need their service animal with them to perform their job\u2019s required duties. The disabled person may inform their employer either orally or in written form, though the latter is strongly recommended for personal records.<\/p>\n If a disabled person\u2019s disability isn\u2019t visibly obvious, then they may need to provide additional documentation, as well as information on the relationship between the person\u2019s disability and the need for their service to help them adequately do their job. The most important thing, though, is for the disabled person to support their request via written verification of their disability; this can be furnished by their doctor or attending medical professional.<\/p>\n However, disabled people should note that their employer may refuse their request if the presence of a service animal would place \u201cundue hardship\u201d on the business\u2019 day-to-day operations. The employer may also choose to provide a different, yet similarly effective, accommodation than the one requested by the disabled person. Because of this, it\u2019s up to the disabled person to prove that their service animal provides the most effective accommodation available.<\/p>\n Moreover, disabled people who can bring their service animals to work with them are also responsible for looking after and caring for them while working. In a similar vein, their employer must also allow the disabled employee to care for the service animal\u2019s needs throughout the workday, whether it\u2019s by letting them feed the service animal periodically or taking it outside to relieve itself.Housing Laws<\/h2>\n
Public Accommodation Laws<\/h2>\n
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Employment Laws<\/h2>\n
Documenting Your Disability and Request<\/h3>\n
Can an Employer Refuse a Service Dog Request?<\/h3>\n
Caring for a Service Dog at Work<\/h3>\n
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<\/p>\nHow Do I Register My Service Dog?<\/h2>\n