The Legal Ramifications of Office Pets

Many companies allow dogs, including Google and Replacements Ltd, says Bean Kinney & Korman attorney Rachelle Hill (though her dog Ellie, above, prefers the beach to the office). Even Congress has been dog-friendly since the 19th century, she says, although it hasn't allowed dogs on the House and Senate floor since 1811 due to a complaint that Virginia Congressman John Randolph's dogs were too intimidating. (Randolph also liked opium and fought in a duel with Henry Clay, so there were other issues there as well.) For dog bites, it's possible an employer would be jointly liable in a personal injury lawsuit. One solution, Rachelle says, is to require employees to provide insurance covering any damage or injury by the dog, making sure the policy doesn't have workplace exceptions. "When in doubt, do not permit the employee to bring a pet to work, or look into the costs of obtaining a business policy that would cover such instances."

Rachelle also says there have been ADA cases involving pets in the workplace, including employee’s right to bring a dog for stress or anxiety reasons. "The decisions in the cases demonstrate that the courts are reluctant to open up this possible floodgate," she says; employers should still take into account the cost and expense in having to defend such suits when deciding whether to permit pets in the office. Steps to take before allowing pets: surveying employees to assess overall opinions on office pets; addressing the environment for employees with allergies; and creating a comprehensive policy and enforcing it. "A business should consider a no-tolerance or a three-strike policy that prohibits dogs that break the policy." (We're talking to you, Mr. Barky von Schnauzer.) Additionally, if you're leasing, check with the property owner first and ask for written permission.