Assistance animals in the workplace: What employers need to know

Requests to bring ‘support dogs’ to work are starting to come up more often.

Employers may be willing to explore these requests, but they also need to make sure they comply with legal requirements and work through the practical issues.

Why this feels tricky for employers

These requests may seem straightforward at first, but they often raise practical, legal and workplace issues that need careful assessment.

Leaders need to balance a range of factors at the same time:

• how to best support the employee
• what workplace laws require
• how the arrangement may be perceived by other employees or clients
• team dynamics and fairness
• any property requirements – including lease obligations
• obligations to provide a safe workplace for workers and clients.

In addition to any obligations affecting the use of their premises, including under a lease or strata arrangement, employers also need to consider their rights and obligations under workplace and work health and safety laws.

When does an employee have a right to bring a dog to work?

An employee with a disability may have a right to bring their dog to work if the animal is an “assistance animal” under the Federal Disability Discrimination Act (and other discrimination laws). They may also be able to request this as a flexible working arrangement.

A support dog can be an “assistance animal” if it is accredited, or if it is trained to assist the person to alleviate the effect of the disability and meets specific standards for hygiene and behaviour. An employer can ask the employee to provide evidence of this.

Even if the dog is an assistance animal, an employer may be able to refuse the request if the dog appears to have an infectious disease and refusal is needed to protect people or other animals. The employer can also require the dog to stay under the employee’s control, either directly or through another person.

Employers must not treat an employee unfairly because they use, or seek to use, an assistance animal. If they do, the employee may seek legal remedies.

Employers also have duties under work health and safety laws, including to take all reasonably practicable steps to keep workers and visitors safe. These duties are serious, and failing to meet them can be a criminal offence.

Employers need to consider the overlapping legal duties and rights before responding.  These principles are easier to understand when applied to a practical workplace scenario.

How this can play out in in the workplace

Here is a common scenario:

An employee in an open plan office tells their manager they have a trained diabetes alert dog and would like to bring the dog to work a few days a week.

The manager’s first response should be to pause and check what is required before giving an answer.

That might include:

• checking whether the employee’s condition is a disability
• understanding what the dog does and how it assists the employee with their disability
• asking for appropriate evidence that the dog is an assistance animal and meets required training, hygiene and behaviour standards
• considering the workplace environment and any safety issues.

This keeps the focus on compliance and how the dog assists the employee with their disability, rather than turning the issue into a general debate about dogs in the workplace.

Assessing the request in practice

Employers should not dismiss these requests out of hand, but should assess them carefully and consistently, including under discrimination laws.

If the dog is a genuine assistance animal and assists the employee with their disability, the employer should work through whether allowing the dog is reasonable in the circumstances.

This does not mean every request must be approved exactly as made. Employers should look at:

• what the employee needs because of their disability
• how the dog assists the employee
• whether the dog can be safely and practically accommodated in the workplace
• whether conditions, controls or another support option may be appropriate.

Depending on the circumstances, the outcome may be approval, approval with conditions, or refusal where there is a lawful and evidence-based reason.

A simple way for HR to approach it

When these requests come up, a structured approach can make a big difference.

• Understand the request
  What is being asked and why? How does the dog support the employee with their disability?
• Ask for evidence if needed
  This should be proportionate and focused on whether the animal meets the definition of an assistance animal, including any relevant training, hygiene and behaviour standards.
• Focus on the adjustment
  What does the employee need to perform their role effectively? How would the animal assist, and what would the arrangement mean in practice?
• Assess WHS risks
  Identify actual risks, consult where needed and consider practical controls.
• Document and review
  Agree on how the arrangement will work, including any conditions or controls, and revisit it if needed.

Bringing it all together

Situations like this are a good example of where policy alone is not enough.

What matters is how decisions are made, how consistently they are applied and how confident leaders feel navigating the grey areas. It also matters how employees are treated throughout the request process.

The way these requests are managed can have a significant impact on employee trust, consistency of decision-making and workplace risk.

If you are unsure, or the situation feels complex, it is worth getting tailored advice. Members can contact Australian Industry Group’s Workplace Advice Line or engage with our workplace lawyers for specific guidance.

Assistance animal requests may not be an everyday issue for most employers, but when they do arise, taking the time to assess the circumstances properly can lead to better outcomes for everyone involved. 

Further information

For assistance with your workplace matters, members of Australian Industry Group can contact us or call our Workplace Advice Line on 1300 55 66 77 for further information. Australian Industry Group has an extensive range of training courses to support employers on their learning and development journey.