Because of the COVID-19 pandemic and societal changes, a growing number of employees work from home or other locations rather traditional office settings. As the pandemic wanes, however, many employers demand their employees return to the office. This has resulted in some resistance from employees who’ve grown fond of the comforts of home, including working with their pets.

Full disclosure: My dog Betsy is my workday companion in my home office.

It might surprise some employers to know how important pet-friendly workplaces are to some employees. 
A recent survey conducted by OnePoll on behalf of Vetster highlighted the role pets play in the workplace. Survey findings included:

60 percent of pet owners left jobs to seek more pet-friendly workplaces.

70 percent of pet owners were willing to take a pay cut in favor of pet-friendly offices.

48 percent of pet owners claim to be more productive at work when their pets are nearby.

46 percent of pet owners believe their pets help them break the ice and make new acquaintances.

39 percent of pet owners believe their pets help them avoid burnout.

Other survey results suggest the benefits of pet-friendly office include increased collaboration, productivity and job satisfaction along with decreased stress and turnover.

But not every employee is enamored with your fur baby. What practical and legal issues should employers consider when deciding whether or not a pet-friendly workplace is right for an employer and its employees?

Practical considerations include:

Will the employer allow pets other than dogs?

Will the employer allow employees to bring their pets every day?

How will the employer address pet allergies?

How will noisy or aggressive animals be handled?

Will employees be allowed to bring more than one pet at one time?

Will employees be required to supervise their pets at all times?

Will employers require proof of pet vaccinations?

How will the employer address the inevitable “accidents” at work?

Will the employer provide “pet stations” and trash receptacles for employees to clean up after their pets?

Will pets be allowed in such common areas as break rooms, meeting rooms and rest rooms?

Compliance with the Americans with Disabilities Act (ADA) raises legal considerations for employers. First, recognize bringing a service dog to the workplace isn’t the same as bringing a pet to work, no matter how much emotional support a pet provides.

No automatic right exists to bring a service animal into the workplace. Employees should consider whether a service dog is a reasonable accommodation under the ADA and could request the employee document or demonstrate the need for the service animal and the service animal is trained and won’t disrupt the workplace.

Employers with pet-friendly workplaces should also be prepared to reasonably accommodate employees with allergies that rise to the level of disability. Again, the employer will go through the normal documentation steps and interactive process to assess whether or not the employer can reasonably accommodate these employees.

Finally, what happens if an employee is injured by an animal in the workplace, whether it’s a dog bite or tripping over a sleeping cat?

Three laws possibly apply. Colorado’s dog bite law imposes strict liability on a dog’s owner for a dog bite resulting in serious bodily injury, including bites creating a substantial risk of serious permanent disfigurement or a substantial risk of protracted loss or impairment of the function of any part or organ of the body,

The employer could be liable for injuries that occur in the workplace under the Colorado Property Liability Act.The PLA imposes liability for injuries caused by unsafe conditions on private property the owner knew or should have known existed.

Normally, workers’ compensation offers the exclusive remedy for workers injured within the scope and course of their employment and precludes employees from bringing tort actions against their employers.

Colorado courts haven’t yet balanced these three laws in a situation involving animals in the workplace.
The exclusive remedy for breaking an ankle tripping over Fluffy is likely workers’ compensation. But the exclusivity rule might not apply if the employer or owner of the animal intentionally acted to cause the employee’s injury. The Colorado Court of Appeals has held the dog bite law and PLA can both apply to the same injury.

While these risks are real and must be assessed by employers interested in allowing animals in the workplace, the risk assessment is no different than employers conduct for numerous, more common safety risks in the workplace.  Employers should weigh the risks of allowing pets in the workplace and the rewards to employees as well as increased job satisfaction and retention.

For employers that decide to allow pets in the workplace, implementing a solid policy on this practice is the best place to start.

Employers Council members have access to the white paper Employee Handbook: Pets in the Workplace. Lawyers and human resource professionals are available to advise Employers Council consulting and enterprise members on this issue.