NEWSFEED
February 8, 2017



Service Animals - More Questions and Some Answers




When considering how to comply with ADA laws, especially regarding service animals, it is important to remember that the purpose of the law is to ensure inclusion and accommodation for all our guests. The question is how to respect the needs of guests with ADA needs, other guests and the needs of the lodging operation.
 
Why Object To A Service Animal?

One of the first things that comes to mind is exactly what would prevent an operator from allowing a service animal to stay? There are probably two major concerns:

* Will the service animal disturb other guests by barking or in some other way?
* Will the service animal damage or dirty the room excessively?

Fortunately, the response to a guest that disturbs others or damages the room is the same, regardless of whether or not they are accompanied by a service animal. If a service animal is barking, management can tell the guest they must be quiet. If they continue to disturb other guests, the manager can take the same action as they would with any noisy guest. If a service animal damages the room or leaves it excessively dirty, management can take the same course of action they would if any guest damaged the room or left it excessively dirty.

What Do You Say To A Guest With A Service Animal?

In situations where it is not obvious that the dog is a service animal, staff may ask only two specific 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 are not allowed to request any documentation for the dog, require that the dog demonstrate its task, or inquire about the nature of the person's disability. The key here is that the dog is trained to do something specific, such as helping a blind person cross the street or alert the individual to an oncoming seizure. A hotel may create a form with these two questions and ask the guest to fill it out.

If the staff is not convinced of the validity of the guest's response to these questions, it is probably advisable to err on the side of inclusion, as currently there is no clearcut guideline for an improper response.

Service Animal Or Comfort Animal?
There is a distinct difference between a service animal and a comfort animal or an emotional support animal. An "emotional support animal" is a dog or other animal that has not been trained to perform specific tasks that assist with a person's disability. Rather the person feels a sense of well-being or reassurance from the animal's presence. An emotional support animal is not necessarily a dog but could be.

In California, there is not a specific definition for a "psychiatric service dog," but a dog that is specifically trained to assist a person with a mental disability with certain requirements is considered a service dog. A person that has such a dog is accorded the same rights under the law as someone with a physical disability that uses a service dog.

An example of work or tasks that a service dog could be trained to do for an individual with a mental disability would be waking someone with clinical depression and coaxing them out of bed at a specified time in the morning.
Lodging operators are not required to accommodate comfort animals, but they are required to accommodate service animals who assist an individual with a mental disability with specific tasks.

There may seem to be a gray area in the implementation of the ADA laws. Understanding the intention of the law to create inclusion and understanding who it applies to can aid lodging operators in creating a common sense approach to compliance and hospitality.
 
Information sources for this article:
John Miller
Intake and Investigation
Department of Fair Employment and Housing
State of California | State and Consumer Services Agency
Direct Telephone: (510) 789-1042 | F ax: (888) 519-5917 | TTY: (800) 700-2320
Email: john.miller@dfeh.ca.gov www.dfeh.ca.gov 






Join Andrew J. Sommer from Conn Maciel Carey LLP
Wednesday, February 15, 2017, at 10am PT
Free Webinar

California Employment Law Update for 2017:
New Legal Requirements and Practical Strategies for the Hospitality Industry

This webinar will review the compliance obligations for lodging establishments, as well as discuss the practical impact of these new laws and best practices for avoiding potential employment-related claims.

Participants in this complimentary webinar will learn about the following:
* Broad expansion of California's equal pay law
* Prohibition on hiring-related inquiries concerning juvenile arrests
* Expanded prohibitions regarding unlawful "immigration-related practices"
* Written disclosure requirements regarding eligibility for leave due to sexual assault/domestic violence
* Restrictions on how disputes are resolved under employment agreements
* Designation of single use restrooms as all gender
* Retirement savings programs mandated for private sector employers
* New employment ordinances adopted by San Francisco, Los Angeles and San Jose, among other municipalities

All attendees will be entered in drawing for one year CLIA membership!

CLIC is the only conference focused exclusively on the California Hotel market.

California Lodging Investment Conference's Mission: To bring together lodging professionals in California for a day of learning, professional development, and networking.

Enter discount code "Parkwest" and save $70.

Click here for more information and registration.







InnDependent Lodging Executive Summit (ILES) Las Vegas, May 15-17, 2017

Dear Colleagues, 

We hope 2017 is off to a solid start for you and your team!

Sign up now for the InnDependent Lodging Executive Summit (ILES) in Las Vegas, May 15-17, 2017!

Here are the top reasons for you to attend:
1. Learn from world-renowned hospitality experts.
2. Browse a 50 exhibit tradeshow designed for independents.
3. Network with your colleagues in the industry.
4. Enter to win the 2017 IBC Excellence in Hospitality Award.
5. Meet with pre-qualified sellers of hospitality products.

We are happy to extend the IBC $99 rate for you as a hotelier to attend this year!

Follow this link to register and visit our site at: http://www.inndependentlodgingconference.com/register/ .

This discounted rate won't last and is first come, first serve. Just enter the code IBC99.*

Please contact me anytime with questions or if I may assist you!

Don't miss this incredible opportunity to help you and your hotel stay independent and successful in 2017!

I look forward to your kind reply.

Kind Regards,

Keri

*Good for hoteliers and lodging owners. 

Keri Wykoff | Director of Business Development
Powering independent and boutique hoteliers
http://www.ibcmembers.com/
1625 East Northern Avenue, Ste 105 | Phoenix, AZ USA
M: 602-369-8244 | E: kwykoff@ibchotels.com| Skype: IBC Hotels

Find us at:
World Travel Market | Nov. 7-9, 2016 | London
ITB Berlin | Mar. 8-12, 2017 | Berlin
InnDependent Summit | May 15-17, 2017 | Las Vegas

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