[navillusc]

Originally Posted by KazzyK810

I was wrong.

The latest revised Code of Federal Regulations (CFR) regarding service animals states:

"When it is not obvious what service an animal provides, only limited inquiries are allowed. Staff may ask two questions: (1) is the dog a service animal required because of a disability, and (2) what work or task has the dog been trained to perform. Staff cannot ask about the person’s disability, require medical documentation, require a special identification card or training documentation for the dog, or ask that the dog demonstrate its ability to perform the work or task."

The latest ADA requirement revisions are found here:
http://www.ada.gov/service_animals_2010.htm

That may be the ADA requirement, but what about HHS?

Unless the answer is "pick stuff up for me" or "open doors"...both of which might allude to a physical impairment, doesn't question (2) that is "allowed" per the ADA reg. pretty much dispense with doubt about the disability, though? What might happen if the customer felt 'compelled' to reveal 'personal medical information' by being asked the question? I also wonder what store employees would do if the answer was "he keeps me from skitzing out and murdering people in your store" might sound like at volume to other shoppers?



HHS - Office on Disability - Emergency Preparedness says:

"People with Service Animals Traditionally, the term “service animal” referred to seeing-eye dogs. However, today there are many other types of service animals.
Remember – a service animal is not a pet.
Do not touch or give the animal food or treats without the permission of the owner.
When a dog is wearing its harness, it is on duty. In the event you are asked to take the dog while assisting the individual, hold the leash and not the harness.
Plan to evacuate the animal with the owner. Do not separate them!
Service animals are not registered and there is no proof that the animal is a service animal. If the person tells you it is a service animal, treat it as such. However, if the animal is out of control or presents a threat to the individual or others, remove it from the site.
A person is not required to give you proof of a disability that requires a service animal. You must accept that he/she has a disability. If you have doubts, wait until you arrive at your destination and address the issue with the supervisors in charge.
The animal need not be specially trained as a service animal. People with psychiatric and emotional disabilities may have a companion animal. These are just as important to them as a service animal is to a person with a physical disability – please be understanding and treat the animal as a service animal.
A service animal must be in a harness or on a leash, but need not be muzzled."
What is a disability per the ADA...and...


"Do You Qualify As Having a Disability?
The ADA defines "disability” very broadly and does not limit the type of disability for which a service animal can be used. In addition, there is great flexibility with respect to the nature and severity of a person’s physical, mental, or emotional issue (disability). The essence of the law states that if you have any condition that makes it difficult to perform or limits an important life activity (that other people can perform easily), you are qualified. You are not required to have a doctor’s excuse or formal diagnosis. The life activity might only be a problem during certain times, like dizziness (leading to balance problems), low blood sugar, a seizure, panic attacks, stress, or depression, to name a few examples.
Although we do not encourage exaggerating problems to qualify as disabled, it is clear that you don’t have to be blind or deaf to have a disability. Are you diabetic? Then you probably qualify if your blood sugar level sometimes incapacitates you or makes normal functions difficult. Do you have dizziness or balance problems on occasion? How about difficulty hearing?
Partial List of Qualified Disabilities:
Physical Problem
Asthma (or other breathing problems)
Blindness (& partial blindness)
Deafness (& partial deafness)
Diabetes
Dizziness/Balance problems
Epilepsy
General Hearing Difficulty
Mobility Problems
Neurological Problems
Paralysis
Physical Weakness
Speech Problems
Seizures Emotional/Mental Problem
Age-Related Cognitive Decline
Any Psychiatric Condition (see exclusions below)
Autism
Depression
Dyslexia
Bipolar Disorder
Emotionally Overwhelmed
Panic Attacks
Post Traumatic Stress Disorder (PTSD)
Separation Anxiety
Social Phobia
Stress Problems ADA Definitions of Qualified Disability
Under the ADA, an individual with a disability is a person who:
Has a physical or mental impairment that substantially limits one or more major life activities;
Has a record of such an impairment; or
Is regarded as having such an impairment.
A physical impairment is defined by the ADA as:
Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine.
A mental impairment is defined by the ADA as:
Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.
NOTE: The ADA does not list all conditions or diseases that make up physical, mental, and emotional impairments, because it would be impossible to provide a comprehensive list given the variety of possible impairments."




I think possibly this is a 'blurred' enough issue that some businesses may just adopt a policy of 'don't ask' so they need fewer legal representation.

...but I could be wrong...