Federal disabilities law may be able to help people with food allergies
7:21 AM, Jan 21, 2013
7:22 AM, Jan 21, 2013
WASHINGTON (AP) - Allergic to gluten? What about peanuts? Federal disabilities law may be able to help. The Justice Department said in a recent settlement with a Massachusetts college that severe food allergies can be considered a disability under the law. That gives those who suffer from such allergies a new avenue in seeking menus that fit their diet.
The decision leaves schools, restaurants and other places that serve food more exposed to legal challenges if they fail to honor requests for accommodations by people with food allergies.
Colleges and universities are especially vulnerable because they know their students and often require them to eat on campus, Eve Hill of the Justice Department's civil rights division says. But a restaurant also could be liable if it blatantly ignored a customer's request for certain foods and that person became ill, though that case might be harder to argue if the customer had just walked in off the street and was unknown to the restaurant, Hill says.
The settlement with Lesley University, reached last month but drawing little attention, will require the Cambridge institution to serve gluten-free foods and make other accommodations for students who have celiac disease. At least one student had complained to the federal government after the school would not exempt that student from a meal plan even though the student couldn't eat the food.
The agreement says that food allergies may constitute a disability under the Americans With Disabilities Act, if they are severe enough. The definition was made possible under 2009 amendments to the disability law that concerned episodic impairments that substantially limit activity.