Technical Update vol. 30 no. 23 - Pets and Liability In the Workplace

As pets become increasingly common in public spaces, many counties are exploring whether to allow animals in the workplace. A pet-friendly office may improve morale and serve as a recruitment tool, but it can also create operational and safety concerns that counties should carefully evaluate. At the same time, counties must understand the legal distinction between pets and service animals, particularly under the Americans with Disabilities Act (ADA) and Colorado law.

UNDERSTANDING SERVICE ANIMALS

A service animal is not considered a pet. Under the ADA, service animals are limited to trained dogs or miniature horses that are individually trained to perform tasks for the benefit of a person with a disability. These animals are considered an extension of the individual and are protected under both federal and Colorado law. Colorado law requires employers to allow an employee with a disability to keep a service animal in the workplace unless doing so would create an undue hardship. This requirement applies even if a county otherwise prohibits pets in the workplace.

Service animals must remain under the handler’s control at all times and should be harnessed, leashed, or tethered unless the handler’s disability prevents the use of those devices. Employers may require the removal of a service animal if it becomes aggressive, disruptive, or unhousebroken.

PET POLICIES AND LIABILITY

While service animals are legally protected, employers generally have discretion regarding whether ordinary pets are permitted in the workplace. Colorado does not currently have a state law governing pets in the workplace. Counties that choose to allow pets should establish clear policies outlining acceptable behavior, supervision requirements, designated pet areas, and expectations for owners. Employers should also consider employee health and comfort, including allergies, asthma, or fears related to animals. In some situations, accommodations may be needed for both employees with disabilities who use service animals and employees with animal-related medical conditions under the ADA.

Liability is another major concern. Even well-behaved animals can behave unpredictably in unfamiliar or stressful situations. Bites, scratches, trips, and property damage can expose counties to claims and workplace disruptions. Before allowing pets into county facilities, employers may want to require employees to verify homeowner’s or renter’s insurance coverage for incidents involving their animals and establish agreements addressing responsibility for any property damage caused by pets.

WORKPLACE SAFETY CONSIDERATIONS

Safety risks increase significantly around equipment, vehicles, and maintenance operations. Animals can become distractions or create sudden obstructions in areas where heavy equipment is being operated. Pets should never be permitted in hazardous work zones or around machinery. Clearly defined pet-free areas and consistent enforcement of workplace safety policies are critical to reducing risk.

Additional practical considerations may include cleanliness, vaccination requirements, parasite prevention, noise, visitor interactions, and employee break requests to care for pets during the workday. Counties should evaluate whether allowing pets aligns with operational needs, public interactions, and workplace culture before implementing any pet-friendly policy.

WHAT THIS MEANS FOR COUNTIES

Colorado has no state laws specifically addressing pets in the workplace, giving counties discretion to establish their own policies. However, counties should understand the important distinction between discretionary pet policies and legally protected service animals, which are generally required to be accommodated under state and federal law. Because pets in the workplace can create safety, operational, and liability concerns, CTSI does not recommend allowing them without clear written policies and consistent enforcement. Poorly behaved pets can create distractions, cause property damage, or pose safety risks to employees and the public. For more information, please contact CTSI at 303.861.0507.