Taking Care of HR Business
        A blog from the attorneys of Verrill

        DOT Service Animal Final Rule: No More Service Snakes on Planes

        December 15, 2020

        Those dreaming of taking to the skies next year with scaled, feathered, or furry friends may want to take a look at the recent DOT Service Animal Final Rule before making travel plans.

        In an employment setting, there is no federal law that specifically restricts the type of service animals that are permissible in the workplace. Employers instead must rely upon state Fair Employment Practices Acts and the public accommodation language concerning service animals in the Americans with Disabilities Act (ADA). Specifically, working through the reasonable accommodation dialogue/process with the employee to determine whether you can accommodate the employee’s need to have a service animal in the workplace.

        From a travel perspective, there is a federal law that provides standards for service animals- the Air Carrier Access Act (ACAA). The ACAA prohibits discrimination based on disability in air travel. The law addresses service animals, among other aspects of air travel, including accessible facilities and other accommodations for those with disabilities throughout the travel process. The Department of Transportation (DOT) has the responsibility of administering the ACAA. In February 2020, the DOT issued a Notice of Proposed Rulemaking. In the announcement, the DOT stated the objective of the rule would be to “amend the definition of a service animal in air transportation and includes safeguards to ensure safety and reduce the likelihood that passengers wishing to travel with their pets on aircraft will be able to falsely claim that their pets are service animals”[1].

        On December 2, 2020 the DOT issued the Final Rule on Service Animals. The new regulations include:

        1. defining a service animal as a dog and no longer requiring airlines to accommodate miniature horses, cats, rabbits, birds and all other service animals that airlines are currently required to transport;
        2. permitting airlines to treat emotional support animals as a pet and not requiring airlines to recognize emotional support animals as service animals;
        3. requiring airlines to treat psychiatric service animals the same as other service animals that are trained to do work or perform tasks to assist a qualified individual with a disability and no longer allowing airlines to impose additional requirements on individuals traveling with psychiatric service animals as a condition of transport; and
        4. allowing airlines to require service animal users to provide a form developed by DOT attesting to the dog’s health, behavior, and training to assist the airline in determining if the dog poses a direct threat to the health or safety of others but prohibiting other forms.

        The biggest change here is narrowing the definition of “service animal” to include only dogs. The outcome of this will be that service animals that are not dogs will have to be treated as regular pets (and compete for space in the cargo hold subject to a fee). Owners will have to fly without their furry (or fuzzy, or scaly) friend in the cabin. However, the rule does provide some relief to travelers with psychiatric service animals who will no longer need to adhere to additional restrictions imposed by airlines. How does this relate to your work as an HR Professional? As many know, courts often will look to other regulations concerning service animals in determining the reasonableness of a company’s refusal to accommodate a service animal as the company works to create an environment where an employee can accomplish the essential functions of the position.

        While the rule has yet to be published in the Federal Register, the DOT estimates it is likely to become effective in early 2021. For more information about your service animal accommodation responsibilities, reach out to member of Verrill’s Employment and Labor Practice Group.


        [1] DOT Notice of Proposed Rulemaking – Traveling by Air with Service Animals https://www.transportation.gov/individuals/aviation-consumer-protection/notice-proposed-rulemaking-traveling-air-service-animals

        Taking Care of HR Business

        Human resource professionals, supervisors, and company executives are constantly confronted with a changing legal landscape. Verrill’s Taking Care of HR Business blog is designed to keep you informed about the latest and most significant legal developments that affect employers.

        Subscribe

        Looking for more great content? Subscribe for regular legal updates and information delivered right to your inbox.

        Firm Highlights

        Blog

        What is a Bonus for Purposes of ERISA?

        An ongoing dispute about a Department of Labor advisory opinion published last September raises a basic but unanswered question under the ERISA: What...
        Media Mentions

        Verrill Recognized by WMTW for Partnership Supporting Hunger Relief in Maine

        Verrill was recently featured in coverage by WMTW News 8 for its role in a collaborative effort to combat food insecurity across southern...
        Press Releases

        33 Verrill Attorneys, Across Four Offices, Recognized in the 2026 Chambers USA Guide

        BOSTON, Massachusetts, PORTLAND, Maine, WESTPORT, Connecticut, and WASHINGTON, D.C. – Verrill has been recognized as a Leading Firm in 14...
        Blog

        Will the Knicks Beat the Spurs? (Are Prediction Market Event Contracts Gambling?)

        For those of you who like to keep score, currently 18 states are engaged in litigation over prediction markets, such as Kalshi and Polymarket,...
        Alerts and Newsletters

        DOJ Announces Faster Review and Enhanced Enforcement for Benefits-Fraud FCA Matters

        On May 27, 2026, the U.S. Department of Justice (DOJ) Civil Division issued a new memorandum, “Accelerating Review and Enhancing Enforcement in...
        Alerts and Newsletters

        DOJ Announces Minnesota Health Care Fraud Takedown; Signals Intensified Medicaid Enforcement Nationwide

        On May 21, the Department of Justice (“DOJ”) announced a first-of-its kind Minnesota Health Care Fraud Takedown charging 15 defendants, including...
        Media Mentions

        Lauren Galvin Quoted in Massachusetts Lawyers Weekly on Arbitration and Anti-SLAPP Protections

        Verrill Partner Lauren Galvin was recently featured in a Massachusetts Lawyers Weekly article highlighting a notable Superior Court decision...
        Blog

        Section 530A Accounts: What Employers Should Consider Before Offering Contributions to “Trump” Accounts

        Section 530A accounts, commonly referred to as Trump accounts, have attracted attention since the enactment of the One Big Beautiful Bill Act in...
        Blog

        Navigating PBM Reform: Regulatory Changes, Market Shifts, and Practical Guidance for ERISA Fiduciaries

        Pharmacy Benefit Manager (“PBM”) arrangements have long relied on rebates with limited transparency into true drug costs. Recent regulatory and...
        Blog

        DOL’s Proposed Regulation on Selecting Alternative Investments: Broad Implications for 401(k) and 403(b) Plan Fiduciaries

        On March 30, 2026, the Department of Labor issued a proposed regulation purporting to implement an executive order to expand access to “alternative...
        Press Releases

        Verrill Welcomes Private Clients & Fiduciary Services Attorney Gracie Castle

        BOSTON, Massachusetts – Verrill is pleased to welcome Gracie Castle to the firm’s Private Clients & Fiduciary Services Group as an Associate,...
        Published Works

        Francesco De Vito Authors Article in the Journal of the American College of Mortgage Attorneys

        Verrill Partner Frank De Vito authored an article featured in the Spring 2026 issue of The Abstract, the journal of the American College of Mortgage...