ESA and Service Animals: What is the difference?

Please note - this is only a guide for emotional support animals and service dogs in the United States.

Emotional support animals (ESA) and service dogs.

When it comes to ESA’s and service dogs, many people do not understand the differences between the two categories of animals and what they are allowed to do. This can create confusion and even interfere with a disabled person’s ability to receive fair and equal treatment.

Hopefully this guide will help assist you in knowing the differences between an emotional support animal and a service animal.

Emotional Support Animals (ESA)

What is an ESA?

By definition, Emotional Support Animals or ESA’s are animals that help bring comfort and companionship to someone suffering from a disability or illness.

What animals can be an ESA?

Any animal can be an ESA.

What is legally required for your animal to be labeled as an ESA?

To be legally recognized as an ESA, a licensed mental health professional must write a note indicating that the animal is necessary for your medical illness or disability. The note must include: confirmation that you have a mental health disability listed in the DSM-5, having the animal is necessary for your mental health or treatment and helps you with a major life activity, you are under their professional care, and the date and type of professional license they have and the state in which it was issued. The document must be written on their official letterhead. The document expires after a year so the date should also be included.

This documentation is required in order for your animal to be considered an ESA.

Please note: There is not an official registry where you register your animal as an ESA in the United States; any business or website claiming to do this is a scam.

Does an ESA have to undergo any training?

Short answer, no. ESA’s do not have to undergo any type of training to become an ESA.

What type of access does having an ESA letter give you?

It’s important to note that in most areas ESA’s do not have public access.

Typically, having an ESA, entitles you to home accommodations in areas that have no-pet policies. An ESA is not considered a pet, it’s considered an assistance animals in the eyes of the ADA, so it’s expected that with the Fair Housing Act (FHA) ESA’s count as reasonable accommodations. This reasonable accommodation may include waiving a pet fee or allowing an ESA in a no-pet apartment.

ESA’s also have a place in employment. If requested as an accommodation, employers are required to allow the ESA access as long as there is a disability that the ESA is supporting that is related to work. They can be excluded if they place an undue hardship on the employer or if they are causing disruption in the workplace.

Another place where you may get access as an ESA is from a school for educational purposes (K-12). However, it should be noted, that this varies from school to school. ESA’s are seldom allowed to accompany students into public areas. Individuals with Disabilities Act (IDEA) and Section 504 of the Rehabilitation Act allow a student to use an animal that is not a service animal if the students Individual Education Plan (IEP) and Section 504 decides the animal is necessary for the student to receive a free and fair education. Ultimately, this is made on a case-by-case basis.

Although airlines used to be accepting of ESA’s, many do not support or allow ESA’s free travel or travel with their companion in cabin any longer.

Service Animals

What is a service animal?

The definition provided by the ADA is: “A service animal means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability….Under Title II and III of the ADA, service animals are limited to dogs. However, entities must make reasonable modifications in policies to allow individuals with disabilities to use miniature horses if they have been individually trained to do work or perform tasks for individuals with disabilities.”

What animals can be a service animal?

The ADA only recognizes dogs and miniature horses as service animals.

What is legally required for your animal to be labeled a service animal?

What is legally required for your dog/miniature horse to be labeled a service animal is a little bit less official.

The ADA requires a service dog to:

• perform two or more tasks for their handler that directly helps with the management of their disability

• be under the control of their handler; this means under the control with a leash, harness, or voice commands if there is a reason the handler cannot use a leash or harness

• be housebroken

• be vaccinated in accordance with state and local laws

Of note, service animals are not required to wear a vest or harness identifying them as a service animal. Likewise, a lot of animals wearing vests and harnesses are not actual service animals. A doctors note also does not qualify your animal as a service animal if it’s not a dog/miniature horse that fits the qualifications above.

Does a service animal have to undergo any training?

Service animals undergo A LOT of training to develop the skills and mannerisms necessary to help aide their handlers both at home and in public. These animals can be trained by the handler, by a specific trainer who does part of the training, or by an organization who completes the training from puppy-hood to handler-ready.

What type of access does having a service dog grant you?

The ADA makes it very clear that service animals be allowed in public areas and accommodations. Per the ADA, “A service animal must be allowed to accompany the handler to any place in the building or facility where members of the public, program participants, customers, or clients are allowed.” This includes access to any areas that have a no-pet policy. Again, this is because service animals are not considered pets.

Employers must also accommodate service animals in an individuals employment. If a disability is not clear, an employer is able to ask for documentation confirming the existence of a disability and how the animal performs a job that will help with their work tasks or duties. Service animals can be excluded from employment if they place an undue hardship on the employer.

With the Fair Housing Act (FHA), landlords must also allow service animals in their dwellings with their handlers. However, handlers should be aware there are a few situations in which the landlord could object. First, not all landlords must follow the FHA, so you must ensure that you live in a building or complex that is held to the FHA rules. Second, if allowing the service animal would cause an undue hardship, they are able to deny the accommodation request. For example, if the landlord cannot find insurance that supports or allows dogs without substantial increase in their insurance rates.

Service animals also have rights when it comes to education. The ADA protects the right of a handler to have a service animal at school. Unlike with ESA’s, the decision to allow the service animal is not based upon a decision for an Individual Education Plan (IEP) or Section 504 team that usually handles the cases for ESA’s. In postsecondary education settings, universities and colleges must accept the use of service animals in any public places or areas that are for the students. These colleges and universities may require you to register with the Schools Disability Coordinator to register as a student with a disability. They may not require proof of training of the service dog but can require proof of vaccinations required by the state.

In regards to transportation, service animals must be allowed access to any form of public transportation. They cannot be charged any additional fee for the animal and they cannot be required to sit in any specific spots with a service animal. This protection protects handlers in all forms of public transportation.

The Air Carrier Access Act (ACAA) requires airlines to allow service animals to accompany their handlers in the cabin. They are allowed to ask for documentation, harness, and verbal confirmation that it is for a disability. They may also be allowed to ask what tasks the service animal does for you, what your service animal has been trained to do, and describe how your service animal performs these tasks for you.

When having a service animal or ESA, it’s important to know and understand what your rights are as a handler. Not knowing ESA rights and standards compared to service animals can cause harm to those with service animals when ESA handlers overstep their boundaries and begin projecting an ESA as a service animal who does tasks. This can cause a lot of problems and stigma to surround having service animals and taking them into public places. It is our duty, as those with a disability, to understand and know the rules and regulations if we plan to utilize any of our animals as ESA’s or service animals.

It should also be noted that the ADA guidelines ONLY protect those with a disability, the ADA defines a disability as: a person who has a physical or mental impairment that substantially limits one or more major life activity. Not all illnesses constitute a disability, even if they affect normal daily living. Take the time to discuss disability with your doctor before moving forward with getting an ESA or service animal.

If you have other questions about ESA’s or service animals that I didn’t answer, leave it in the comments below! I would love to do more informational blog posts on service animals and ESA’s in the future and your question may be included!