Mental health problems are now seen in the same light as other physical health issues. But are support animals regarded as enabling facilities?
Well, increasing recognition has been given to the positive effects that animals have on human mental health. This specifically applies to conditions such as depression, anxiety, phobias, loneliness, and PTSD where proof exists that animal interaction has a positive impact on affected humans.
The best thing that happened in modern South Africa, is the birth of our Constitution and the Bill of Rights contained in Chapter 2 - the development of equality legislation is a direct consequence of the Bill of Rights. Equality legislation is designed to protect the rights of vulnerable groups of people, including people with disabilities. The relevant acts are the “Promotion of Equality and Prevention of Unfair Discrimination Act No 4 of 2000”[i] and the “Employment Equity Act No 55 of 1998”[ii]
But does this protect people with mental health issues who need an emotional support animal?
What is a disability?
To determine if mental health conditions can be regarded as disabilities, we must consider the definition of ‘disability’. The Employment Equity Act and the “Code of Good Practice on the Employment of Persons with Disabilities" provide the following definition for disability:
People who have a long-term or recurring physical or mental impairment which substantially limits their prospects of entry into, or advancement in, employment.
Therefore, if the mental health impairment meets these conditions, it will be regarded as a disability and will be given the protection that is provided to people with disabilities.
Can an emotional support animal be a “supporting or enabling facility”?
The Promotion of Equality Act does not tell us what supporting or enabling facilities are. However, things such as walking sticks for the blind and electronic devices that assist disabled people will fall within the meaning of this statement. Guide dogs for the blind are also accepted within this context. There are currently no regulations on this topic, but based on this definition, emotional support animals should be seen as a "supporting or enabling facility" if there is proof that it is indeed the case and if the person who makes use of the animal has a disability.
When there is a need for an emotional support animal to accompany a mentally impaired person to the workplace to enable the person to function in the environment, the employer will have to be provided with proper proof that this is indeed necessary and that the person has a genuine disability. Generally, a letter from the person's registered mental health care provider will be sufficient.
Can an employer refuse to allow an emotional support animal?
All our rights are limited by equal but conflicting rights, with very few rights being absolute. If an employer unfairly refuses the use of an emotional support animal, the employee will have rights that can be enforced. However, even where there is a proven need for an emotional support animal, an employer can still refuse to allow the animal if there are good reasons. For example, if the animal is not well-behaved, or poses a danger to other employees, it would be justifiable to refuse to allow the animal.
Choosing the ideal emotional support dog
There is no one specific breed that can be identified as the best emotional support animal. The most important criterium is that the dog must truly provide emotional support to the person with the mental health difficulty. For this to happen, there must be a deep connection between the person and the dog and it requires loyalty. Often, this type of bond and loyalty can be found in a cross-breed dog.
Other characteristics that are important for an emotional support dog are intelligence and the ability to be trained, calmness, a gentle nature, and a people-orientated nature. If you want to take an emotional support dog to work and public spaces, size is also important. Small breed dogs are not only easier to manage, but there are also far more places that do not mind accommodating them. It will without a doubt be easier to convince your employer to take your emotional support Yorkshire Terrier to work, than your emotional support Great Dane!
A few large breed dogs that generally have the characteristics to make good emotional support dogs are Labradors, Retrievers, Golden Retrievers, Giant Schnauzers, Standard Poodles, Great Danes, and German Shepherds. Small breed dogs that could be good emotional support dogs include Yorkshire Terriers, Maltese dogs, Shih Tzus, Miniature Schnauzers, Corgis, and Cavalier King Charles spaniels.
Dr Trudie Prinsloo is a qualified veterinarian and attorney. In 2015, she started Legalvet Services to provide legal advice to the animal health and veterinary industries in South Africa – and now she’s teamed up with us to tell us more about the South African laws relating to emotional support animals.
dotsure.co.za is not responsible or liable for any advice or any other information provided herein.
[i] Promotion of Equality and Prevention of Unfair Discrimination Act, No. 4 of 2000
[ii] Employment Equity Act, No. 55 of 1998
