Pups, Paperwork and Process: Confusion and Conflict Regarding Service and Assistance Animals

Abstract

This Article begins by providing the current status of the definition of service animal and inquiries that can be made under Title II and III of the Americans with Disabilities Act (ADA) and delves into the rationale utilized by the Department of Justice when it developed these regulations. It then contrasts how the Equal Employment Opportunities Commission has handled the issue of the accommodation of employees and their service animals under Title I of the ADA. The Article analyzes guidance from the Department of Housing and Urban Development and recent case law relating to assistance animals and the Fair Housing Act. A considerable portion of the Article is devoted to the turmoil surrounding the Air Carrier Access Act and recent rulemaking process. The Article then utilizes recent legislation to illustrate how some states have attempted to address the issue of fraud and misrepresentation in this area of the law. It concludes by providing recommendations to reduce the likelihood of confusion and conflict in the future.

Keywords: Service Animal, Assistance Animal, ADA, Americans with Disabilities Act, FHA, Fair Housing Act, ACAA, Air Carrier Access Act, Disability, Disabled