Colorado § 24-34-803 - Rights of individuals with service animals.

§ 24-34-803. Rights of individuals with service animals.

(1) A qualified individual with a disability has the right to be accompanied by a service animal individually trained for that individual without being required to pay an extra charge for the service animal in or on the following places or during the following activities and subject to the conditions and limitations established by law and applicable alike to all individuals:

(a) Any place of employment, housing, or public accommodation;

(b) Any programs, services, or activities conducted by a public entity;

(c) Any public transportation service; or

(d) Any other place open to the public.

(2) A trainer of a service animal, or an individual with a disability accompanied by an animal that is being trained to be a service animal, has the right to be accompanied by the service animal in training without being required to pay an extra charge for the service animal in training in or on the following places or during the following activities:

(a) Any place of employment, housing, or public accommodation;

(b) Any programs, services, or activities conducted by a public entity;

(c) Any public transportation service; or

(d) Any other place open to the public.

(3) (a) An employer shall allow an employee with a disability who is accompanied by a service animal to keep the employee's service animal with the employee at all times in the place of employment. An employer shall not fail or refuse to hire or discharge any individual with a disability, or otherwise discriminate against any individual with a disability, with respect to compensation, terms, conditions, or privileges of employment because that individual with a disability is accompanied by a service animal individually trained for that individual.

(b) An employer shall make reasonable accommodation to make the workplace accessible for an otherwise qualified individual with a disability who is an applicant or employee and who is accompanied by a service animal individually trained for that individual unless the employer can show that the accommodation would impose an undue hardship on the employer's business. For purposes of this paragraph (b), "undue hardship" and "reasonable accommodation" have the same meaning as set forth in Title I of the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec 12101 et seq., and its related amendments and implementing regulations.

(4) The owner or individual with a disability who has control or custody of a service animal or the trainer of a service animal is liable for any damage to persons, premises, or facilities, including places of housing, places of public accommodation, and places of employment, caused by that individual's service animal or service animal in training. The individual who has control or custody of a service animal or a service animal in training is subject to the provisions of section 18-9-204.5, C.R.S.

(5) An individual with a disability who owns a service animal is exempt from any state or local licensing fees or charges that might otherwise apply in connection with owning a similar animal.

(6) The mere presence of a service animal in a place of public accommodation is not grounds for any violation of a sanitary standard, rule, or regulation promulgated pursuant to section 25-4-1604, C.R.S.

Source: L. 95: Entire section added, p. 321, § 3, effective August 7. L. 2013: (7)(b) amended, (HB 13-1300), ch. 316, p. 1684, § 62, effective August 7. L. 2014: Entire section R&RE, (SB 14-118), ch. 250, p. 981, § 12, effective August 6.

ANNOTATION

Law reviews. For article, "Service, Therapy, and Emotional Support Animals", see 44 Colo. Law. 69 (July 2015).

The legitimate suspicions doctrine does not apply with respect to Colorado anti-discrimination act claims governing service animals. The district court erred in applying that doctrine to allow inquiry by a public entity about a student's service animal that exceeded the bounds of federal Americans with Disabilities Act (ADA) regulations, and thus the Colorado anti-discrimination act. Public entities may make only two inquiries regarding the legitimacy of service animals allowed under the ADA regulations: (1) Is the animal required because of a disability, and (2) what tasks is the animal trained to perform? Further inquiries about the legitimacy of the animal being a service animal are not permitted. Stalder v. Colo. Mesa Univ., 2024 COA 29, 551 P.3d 679.