By Caleb L. Thompson, CEO of Thompson Square Gardens Restaurant Company
Service animals play a crucial role in the lives of individuals with disabilities, offering not only companionship but also essential support for physical, emotional, and mental needs. Across most industries, the presence of a service animal in the workplace is protected by federal laws such as the Americans with Disabilities Act (ADA). However, when it comes to hospitality jobs—particularly those involving food preparation and kitchen safety—the conversation becomes far more complex.
As the CEO of Thompson Square Gardens Restaurant Company, I recently faced a challenging situation that brings this issue into focus. One of our employees, a line cook, brought a service animal to work without notifying management or submitting any documentation in advance. The animal entered the kitchen during a busy lunch shift, causing concern among other staff members and raising immediate questions about food safety regulations, proper hygiene, and liability.
The employee, upon being asked to remove the dog from the food prep area, responded with frustration. What followed was an attempt to pursue legal action against the company, claiming that we were in violation of the ADA by not permitting his service animal to accompany him during his shift. While we deeply respect the rights of individuals with disabilities, this case highlighted the importance of communication, transparency, and a proper understanding of legal responsibilities on both sides.
It's important to note that while the ADA does protect the use of service animals, it also allows for certain restrictions in environments where their presence may fundamentally alter the nature of the work or compromise safety. In the food service industry, this line is not always clearly defined, but health codes are strict. Service animals are generally not allowed in food preparation areas due to sanitation laws enforced by agencies such as the FDA and state health departments.
The law makes a distinction between public and non-public areas. A service animal may be allowed in the dining area of a restaurant if accompanying a customer, but the same animal may be restricted from entering kitchens or storage rooms where contamination risks are high. Employers must balance reasonable accommodation with the legal obligation to maintain a safe and sanitary work environment for all patrons and staff.
Employers are not required to allow service animals in locations that would jeopardize the safety or health of others. In our case, we could not permit the animal to remain in the kitchen without risking violations of food safety laws. However, had we been informed ahead of time, we may have explored alternative accommodations—such as reassignment to a different role or shift arrangements—that could have honored both the employee’s needs and our legal obligations.
Transparency is key. Employees who require accommodations, including service animals, must engage in an open dialogue with their employer. Surprising a team with a service dog mid-shift without prior notice not only disrupts operations but also undermines trust and teamwork. It’s our duty as employers to support our staff, but we can only do so effectively when given the opportunity to prepare appropriately.
This incident also brought forth an internal review of our company policies. Since then, we’ve updated our employee handbook to include clear language on the use of service animals, the documentation process, and what is considered a reasonable accommodation in compliance with health regulations. We also provide ongoing training for our managers to handle such situations with care, legality, and compassion.
The hospitality industry, especially restaurants, must uphold the highest standards of cleanliness. While no one wants to deny a person their rights, employers also have a duty to the public and to the integrity of the food they serve. We must find the balance between inclusion and compliance—and that begins with honest communication and mutual respect.
As someone who values fairness, I empathize with the employee’s reliance on his service animal. But bringing it into a fast-paced kitchen environment without informing management was not only a breach of trust—it put the entire operation at risk. Laws are in place to protect both sides, but they work best when followed with good faith from all parties involved.
At Thompson Square Gardens Restaurant Company, we remain committed to fostering an inclusive and accommodating workplace. But we also stand firm on protecting the standards that make our food safe and our kitchens secure. Moving forward, I encourage all employers and employees in the hospitality field to educate themselves, communicate proactively, and remember that mutual respect is the most important ingredient of all.
In conclusion, yes—service animals can be allowed in hospitality jobs, but not in every area, and not without careful planning. Let’s have the conversations ahead of time so that accommodation doesn’t turn into conflict.
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