WAC 162-22-100     Behavior causing risk. Behavior or actions of a dog guide or service animal that constitutes an unreasonable risk to property or other persons can be grounds to request that a dog guide or service animal be removed, and shall not constitute an unfair practice.

     (1) General rule. It is not an unfair practice under RCW 49.60.180 to request that a dog guide or service animal be removed from the workplace because the behavior or actions of that dog guide or service animal constitutes an unreasonable risk to property or other persons.

     (2) Individual judgment required. To come within this exception, the removal of a dog guide or service animal must be based on knowledge of the present behavior or actions of the dog guide or service animal. It is an unfair practice to exclude all of the particular dog guides or service animals unless the employer can show that all of the particular dog guides or service animals will present an unreasonable risk to persons or property.

     (3) Likelihood of injury. Risk to property or other persons must be immediate and likely, not remote or speculative.

     (4) Degree of risk. Risk of injury to persons may be given more weight than risk of injury to property. Risk of severe injury may be given more weight than risk of slight injury.

     (5) Annoyance to staff or other customers. Annoyance on the part of staff or other customers of the workplace at the presence of the dog guide or service animal is not an unreasonable "risk to property or other persons" justifying the removal of the dog guide or service animal.

     (6) Least discriminatory solution required. It is an unfair practice to remove a dog guide or service animal from the entire workplace because the dog guide or service animal presents a risk of injury when in part of the workplace. When risk justifies the removal of a dog guide or service animal from the workplace, efforts must be made to reasonably accommodate the person with the disability.

[Statutory Authority: RCW 49.60.120(3) and 1997 c 271. 98-08-035, 162-22-100, filed 3/23/98, effective 4/23/98.]