In recent years, due to COVID-19 and general societal changes, an increased number of employees began working from home or other locations instead of the traditional office location. Now, many employers are requiring employees to return to the office. That decision has resulted in some resistance from employees who have grown fond of the comforts of home, including working with their furry or feathered friends.
Pet-Friendly Workplaces Coveted
It may surprise some employers to know how important pet-friendly workplaces are to some employees. A 2022 survey conducted by OnePoll on behalf of Vetster highlighted the role pets play in the workplace. Survey findings include the following:
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Six in 10 pet owners have left a job to seek a workplace that is more pet friendly.
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Seven in 10 pet owners are willing to take a pay cut in favor of a pet-friendly office.
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Forty-eight percent of pet owners claim to be more productive at work when their pet is nearby.
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Thirty-nine percent believe their pets help them avoid burnout.
Surveys suggest the positive impacts of a pet-friendly office may include greater job satisfaction and less stress among employees, increased collaboration and productivity, and reduced turnover.
Considerations for Employers
Practical and legal issues should be considered when deciding whether a pet-friendly workplace is right for an employer and its employees.
Practical considerations include the following:
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Will the employer allow pets other than dogs?
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Will the employer allow employees to bring their pets every day?
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How will the employer address pet allergies?
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How will noisy and/or aggressive animals be handled?
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Will employees be allowed to bring more than one pet at a time?
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Will employees be required to supervise their pets at all times?
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Will the employer require proof of the pet’s current vaccinations?
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How will the employer address the inevitable “accidents” at work?
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Will the employer provide pet stations and trash receptacles for employees to clean up after their pets?
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Will pets be allowed in common areas, such as break rooms, meeting rooms, and restrooms?
Compliance with the Americans with Disabilities Act (ADA) raises legal considerations for employers. First, recognize that bringing a service dog to the workplace is different from bringing a pet to work, no matter how much emotional support the pet provides the employee. The ADA defines a “service animal” as a dog or, in some cases, a miniature horse, that is individually trained to do work or perform tasks for a person with a disability. This means that service animals, unlike companion, therapeutic, or emotional support animals, are always dogs (or, in some cases, miniature horses – but never cats, pigs, or iguanas, etc.).
According to the Department of Justice (DOJ), examples of the kind of work or tasks that a service animal typically performs include “guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with PTSD during an anxiety attack, or performing other duties.” The DOJ emphasizes that service animals are not pets, they are working animals. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals.
While allowing service animals in the workplace will usually be a reasonable accommodation, no automatic right exists to bring a service animal into the workplace. Employers should consider whether the service dog is a reasonable accommodation under the ADA and may request the employee to document or demonstrate the need for the service animal, that the service animal is trained, and that the service animal will not disrupt the workplace.
Employers with pet-friendly workplaces should also be prepared to reasonably accommodate employees with allergies that rise to the level of a disability. Again, the employer will go through the normal documentation steps and interactive process to assess whether the employer can reasonably accommodate these employees.
Additionally, employers must consider what happens if an employee is injured by an animal in the workplace, whether they’re bitten by a dog or they trip over a sleeping cat. State laws must be considered. For example, in Colorado, the following laws may apply:
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Colorado’s “dog bite” law (C.R.S. § 13-21-124) imposes strict liability on a dog’s owner for a dog bite resulting in serious bodily injury, which includes bites creating a substantial risk of serious permanent disfigurement or a substantial risk of protracted loss or impairment of the function of any part or organ of the body.
So, how do we balance these three laws?
Colorado courts have not yet balanced these three laws in a situation involving animals in the workplace. The exclusive remedy for breaking an ankle tripping over Fluffy is workers’ compensation. But the “exclusivity rule” might not apply if the employer or the owner of the animal intentionally acted to cause the employee’s injury. And the Colorado Court of Appeals has held that the dog bite law and the PLA can both apply to the same injury (Legro v. Robinson, Colo. Ct. App., 2012).
Analyze Risks vs. Rewards
While the risks are real and must be assessed by employers interested in allowing animals in the workplace, the risk assessment is no different than for numerous common safety risks in the workplace. Employers can weigh the risks of allowing our furry or feathered friends into the workplace with the rewards to the employee and employer of job satisfaction and employee retention.
For employers that decide to allow pets in the workplace, a solid policy is the best place to start. All Employers Council members have access to our Pets in the Workplace publication, which provides sample handbook policies. And our attorneys and HR professionals are available to advise Consulting and Enterprise members on the issue. Contact us at info@employerscouncil.org.