How Airlines Navigate Service Animal Accommodation Requests Without Discrimination

Federal law prohibits disability discrimination in air travel. The Air Carrier Access Act (ACAA), passed in 1986, bars airlines from refusing service to individuals based on physical or mental impairments. This includes individuals who rely on trained service animals. The U.S. Department of Transportation (DOT) enforces the ACAA.

These rules attempt to balance passenger safety, animal welfare, and legitimate disability access. At J. Courtney Cunningham, Attorney at Law, I know carriers must carefully assess requests on a case-by-case basis to remain compliant with federal standards while maintaining operational efficiency.

As a disability discrimination attorney in Miami, Florida, I serve clients throughout the surrounding areas of Ft. Lauderdale, West Palm Beach, Tampa, St. Petersburg, Orlando, Jacksonville, and The Villages. Contact my firm today to schedule a consultation.

What Qualifies as a Service Animal?

A valid service animal under the DOT rule is a dog trained to perform specific tasks for someone with a qualifying disability. The tasks might include alerting to seizures, guiding individuals with vision impairments, assisting during episodes of anxiety or PTSD, or retrieving items for someone with a mobility issue.

This definition excludes animals that solely provide emotional support or comfort. Although emotional support animals play an important role in some passengers' lives, the DOT doesn't require airlines to treat them as service animals.

To screen accommodation requests, airlines may require passengers to submit a U.S. Department of Transportation Service Animal Air Transportation Form. This form asks for the handler’s certification that the animal is trained to behave in public, is vaccinated, and won't relieve itself inappropriately during the flight.

Airlines can also require a Service Animal Relief Attestation Form for flights longer than eight hours, indicating the animal can either not relieve itself or will do so in a sanitary way. These tools help prevent abuse of service animal policies without crossing the line into disability discrimination.

Documentation Requirements and Legal Limits

Federal law limits the type and timing of documentation an airline may request. For domestic flights, airlines may require passengers to submit the DOT forms up to 48 hours before departure. If a reservation is made less than 48 hours in advance, the airline must still accept the forms at the airport.

Importantly, airlines may not demand additional documentation beyond what the DOT forms request. They can't ask for proof of the handler’s disability, details about medical history, or the specific nature of the tasks the animal performs. Doing so could result in a valid disability discrimination complaint.

Carriers may also not impose breed restrictions. Blanket policies against certain dog breeds—such as pit bulls or German shepherds—are considered discriminatory under the ACAA. Airlines may evaluate individual animals for dangerous behavior, but may not reject them solely based on breed.

Balancing Safety and Accessibility

Airlines are responsible for protecting all passengers and crew, and safety concerns must be taken seriously. However, safety can't be used as a cover for disability discrimination. Federal rules permit carriers to deny a service animal in certain situations:

• If the animal poses a direct threat to the health or safety of others.

• If the animal causes a significant disruption in the cabin or gate area.

• If the animal isn't properly harnessed or leashed.

• If the animal is too large to fit within the handler’s foot space without obstructing the aisle or emergency exits.

These decisions must be based on observable behavior or factual evidence, not assumptions about a particular disability or dog breed. For example, barking, growling, lunging, or relieving itself in the cabin may justify denial. Simply being a large dog or belonging to a specific breed doesn't.

Preventing Abuse Without Violating Rights

One of the key challenges airlines face is identifying fraudulent or inappropriate service animal claims. In the past, abuse of emotional support animal policies led to media attention and public complaints. Some passengers used those rules to bring untrained animals—ranging from pigs to peacocks—on board, which in turn disrupted flights and raised safety concerns.

The current federal rules aim to reduce these incidents while still respecting the rights of individuals with disabilities. Airlines are allowed to hold passengers accountable for an animal’s behavior without discriminating against legitimate service dog users.

To help address this, airlines have taken the following measures:

• Requiring advance submission of the DOT Service Animal Form.

• Training employees to assess behavior and ask only lawful questions.

• Clearly stating policies on their websites and reservation systems.

• Offering seating assignments that accommodate larger service animals when possible.

When these steps are implemented correctly, they minimize the likelihood of incidents while reducing exposure to disability discrimination claims.

Recognizing and Avoiding Discriminatory Behavior

Even with clear policies, airlines may still face legal action if employees apply those policies unevenly or make assumptions about a passenger’s disability. For instance, asking for proof of a disability when a passenger appears able-bodied may expose the airline to a discrimination claim, even if well-intentioned.

Staff should be trained to:

• Focus on the animal’s behavior, not the handler’s appearance.

• Avoid questioning the legitimacy of the disability.

• Refrain from making remarks or comments that stigmatize a passenger.

• Apply policies consistently across all flights and destinations.

Service-related disputes should be escalated to a supervisor rather than handled on the spot by a gate agent or flight attendant unfamiliar with legal obligations.

Disability discrimination doesn’t always come in the form of outright denial. Subtler actions—like seating service animal users in undesirable areas, delaying boarding, or failing to provide timely assistance—can also lead to valid claims.

Legal Recourse for Disability Discrimination

Passengers who believe they've been subjected to disability discrimination related to service animal accommodations may file a complaint with the airline directly or submit a formal grievance with the U.S. Department of Transportation. The DOT investigates these complaints and may require the airline to make procedural changes or, in some cases, pay compensation.

A passenger may also seek private legal counsel, particularly if the discrimination caused emotional distress, travel delays, or financial harm. Lawsuits under the ACAA can be brought in federal court. However, federal law doesn't allow for punitive damages in these cases—only compensatory relief such as policy revisions or reimbursement.

Florida passengers have additional protections under the Florida Air Carrier Access Act and the Florida Civil Rights Act. These state-level laws mirror the federal protections and may offer another route to challenge discriminatory treatment.

Training Airline Personnel to Avoid Violations

To stay compliant with federal law, airlines must properly train their staff to handle service animal accommodation requests. Staff at all levels—reservation agents, gate agents, flight attendants, and supervisors—should understand what they can and can't ask.

Effective training programs should include:

• Clear guidance on what qualifies as a service animal.

• Review of the DOT-required documentation.

• Sample scripts for interacting with passengers requesting accommodation.

• Procedures for handling disputes or behavior-related concerns.

Training should be ongoing, especially in light of frequent regulatory updates and evolving case law. Regular refreshers help prevent lapses that may result in legal complaints.

Common Myths and Misunderstandings

Confusion still exists around what constitutes lawful service animal access. Passengers and employees alike may fall prey to myths, some of which can lead to mishandled interactions. It's helpful to clear up a few widespread misconceptions:

• Myth: Airlines must accept any animal labeled as a service animal.
  Fact: Only trained dogs that meet DOT criteria are protected.

• Myth: Airlines can ban all pit bulls or large dogs.
  Fact: Blanket breed bans aren't allowed under federal law.

• Myth: Staff can ask for medical proof of disability.
  Fact: That kind of questioning is prohibited.

Clarifying these points can reduce unnecessary conflicts and help all parties understand their rights and responsibilities.

Call a Disability Discrimination Attorney Today

Assuring equal access to air travel for individuals with disabilities isn't just a matter of policy—it's a legal obligation. Airlines must carefully manage service animal accommodation requests in compliance with federal laws, while treating passengers with dignity and respect. 

If you believe an airline has failed to accommodate your service animal or has discriminated against you because of your disability, you don’t have to face it alone.

J. Courtney Cunningham, Attorney at Law, is here to help protect your rights. I serve clients throughout Miami, Florida, as well as Ft. Lauderdale, West Palm Beach, Tampa, St. Petersburg, Orlando, Jacksonville, and The Villages. Contact me today to discuss your situation.