Jump to content
This site uses cookies. Continued use is acceptance of our Terms of Use and Privacy Policy. More Info... ×
  • Welcome to Celiac.com!

    You have found your celiac tribe! Join us and ask questions in our forum, share your story, and connect with others.




  • Celiac.com Sponsor (A1):



    Celiac.com Sponsor (A1-M):


  • Get Celiac.com Updates:
    Support Our Content
    eNewsletter
    Donate
  • Jefferson Adams
    Jefferson Adams

    Celiac Disease Can Be a Disability Under the Americans with Disabilities Act (ADA)

    Reviewed and edited by a celiac disease expert.
    Celiac Disease Can Be a Disability Under the Americans with Disabilities Act (ADA) - Photo: CC--Keoni Cabral
    Caption: Photo: CC--Keoni Cabral

    Celiac.com 11/19/2013 - There's an interesting take on the precedent-setting ruling issued early in 2013 by the U.S. Justice Department, which found that celiac disease and other serious food allergies and sensitivities can be considered disabilities under the Americans with Disabilities Act.

    The ruling arises from a settlement between the Justice Department and Lesley University in Cambridge, Massachusetts that came after Justice investigated the university in response to a student complaint that the school’s mandatory meal plan did not provide sufficient gluten-free food alternatives, and that the school did not accommodate the needs of those on gluten-free diets by excusing their participation in the meal plan or providing a reasonable alternative.

    Celiac.com Sponsor (A12):
    The ruling has led a number of colleges and universities with student meal programs to make efforts to offer suitable options for students with celiac disease and other serious food allergies.

    However, Janet Raasch, points out in a blog entry on lawyers.com that the ruling applies more broadly to schools and restaurants at large. Raasch says that "…schools, restaurants and other places that serve food can be exposed to legal challenges if they fail to honor requests for accommodations by people with celiac disease."

    It's important to remember that Ms. Raasch is not a lawyer. So, while she has an interesting take, and it remains to be seen if gluten-free options become more numerous partly out of a push for restaurants and other food service establishments to follow in the footsteps of colleges and universities with student meal programs.

    What do you think will be the impact if schools, restaurants and food purveyors treat celiac and other food allergies as an ADA disability? Will it mean more gluten-free options? Better standards? Share your comments below.

    Source:

    • Open Original Shared Link


    User Feedback

    Recommended Comments

    Guest Donnie

    The ADA is a cruel joke, and people with serious physical disabilities are not getting accommodations, or fair treatment. So people with food issues are SOL, too. Example: People who have asthma or allergies triggered by strong perfumes and fragrances, can't go out to public places, without risking severe reactions. People who are hard of hearing or have vision limitations, are out of luck. Those with limits of mobility find many barriers in public. So, people with food restrictions won't fair much better.

    Link to comment
    Share on other sites
    Guest dappy

    I can only say, "it's about time!".

    Link to comment
    Share on other sites
    Guest Joanne Kelly

    Posted

    I was invited to a day-long conference at the White House in June. It included lunch. I let the staff know in advance that I had celiac disease and asked if they could provide a lunch that met my needs. The answer was simply "no." I had to bring my own brown bag lunch to the White House. I finally got up the nerve and sent an email to Claudia Gordon, the White House liaison to the disability community, but I have not heard back from her.

    Link to comment
    Share on other sites
    Guest Gabby

    I think the ADA should only be taken into consideration when, as in the case of the university in the article, they were forcing the students to purchase the meal plan and then not providing gluten free meals. I don't believe restaurants should be obliged to provide gluten free food or any type of allergy free food. It's to their financial benefit to do so but it's extremely difficult for them to cater to all the different allergies, etc, out there and I can't fault them for not wanting to be legally responsible. Schools should only have to be compliant if, as in the above case, they require their students to eat on school grounds. Otherwise, I think it will open the court system up to a lot more frivolous lawsuits. And who needs that?

    Link to comment
    Share on other sites
    Guest Jacqueline K

    Posted

    I think if restaurants make accommodations for vegans or for kosher diets--which are lifestyle choices--they should feel obliged to accommodate a person with celiac or a food sensitivity.

    Link to comment
    Share on other sites
    Guest Kathy

    We are currently having this issue at the university my daughter attends. She has contacted food services numerous times and talked to representatives but no significant changes have been made. I hope they will take this more seriously now.

    Link to comment
    Share on other sites
    Guest Lori
    We are currently having this issue at the university my daughter attends. She has contacted food services numerous times and talked to representatives but no significant changes have been made. I hope they will take this more seriously now.

    My daughter was released from her dorm contract without prejudice or financial penalty because food service could not guarantee gluten-free food prep, even for foods not naturally gluten-containing. She was able to get her own apartment with roommates who respected her dietary needs.

    Link to comment
    Share on other sites
    Guest Sue

    Celiac disease can cause such a horrible reaction as a result of contamination from wheat, barley, oats, that I shudder to think what these schools would do if they are sued as a result of non-compliance. I was contaminated in September of this year and spent 4 hours hooked up to an IV and anti vomiting medications. I was near an ER and collapsed just as I got to registration desk. To this day I still don't have a lot of my energy back (but I am working on it). How are educational institutions going to handle a like mine. I have two grandsons who hopefully will be able to go to college and not have to worry getting sick while studying for exams. I suspect, they may be getting their degrees through the internet just to protect themselves!!!!!!

    Link to comment
    Share on other sites
    Guest Jamie

    From what I've seen, "gluten free accomodation" means "no gluten added". It's a wonderful idea, but I've gotten sick every time my school has made me a gluten free meal. People really need to be educated better in the food industry...

    Link to comment
    Share on other sites
    Guest D
    I think the ADA should only be taken into consideration when, as in the case of the university in the article, they were forcing the students to purchase the meal plan and then not providing gluten free meals. I don't believe restaurants should be obliged to provide gluten free food or any type of allergy free food. It's to their financial benefit to do so but it's extremely difficult for them to cater to all the different allergies, etc, out there and I can't fault them for not wanting to be legally responsible. Schools should only have to be compliant if, as in the above case, they require their students to eat on school grounds. Otherwise, I think it will open the court system up to a lot more frivolous lawsuits. And who needs that?

    There are gluten-free menus out there, however not gluten-free kitchen in which they are preparing the food. I won't eat in restaurants because of cross contamination. There is gluten floating all over their kitchens. In order to have a gluten-free menu they need a totally gluten-free menu. I bring my own food when we eat in a restaurant. With my celiac disease I fall under the ADA. With their gluten-free menu they should honor our request to have a gluten free kitchen.

    Link to comment
    Share on other sites


    Create an account or sign in to comment

    You need to be a member in order to leave a comment

    Create an account

    Sign up for a new account in our community. It's easy!

    Register a new account

    Sign in

    Already have an account? Sign in here.

    Sign In Now

  • Get Celiac.com Updates:
    Support Celiac.com:
    Donate
  • About Me

    Jefferson Adams

    Jefferson Adams is Celiac.com's senior writer and Digital Content Director. He earned his B.A. and M.F.A. at Arizona State University. His articles, essays, poems, stories and book reviews have appeared in numerous magazines, journals, and websites, including North American Project, Antioch Review, Caliban, Mississippi Review, Slate, and more. He is the author of more than 2,500 articles on celiac disease. His university coursework includes studies in science, scientific methodology, biology, anatomy, physiology, medicine, logic, and advanced research. He previously devised health and medical content for Colgate, Dove, Pfizer, Sharecare, Walgreens, and more. Jefferson has spoken about celiac disease to the media, including an appearance on the KQED radio show Forum, and is the editor of numerous books, including "Cereal Killers" by Scott Adams and Ron Hoggan, Ed.D.

    >VIEW ALL ARTICLES BY JEFFERSON ADAMS

     


  • Celiac.com Sponsor (A17):
    Celiac.com Sponsor (A17):





    Celiac.com Sponsors (A17-M):




  • Related Articles

    Dr. Ron Hoggan, Ed.D.
    The following is a post from Ron Hoggan - Q: I asked the doctor what an inflamed mucosa could mean and he shrugged and then added parasites, maybe? She was tested for parasites way back before her first biopsy (October 96).
    A: Have you tried eliminating dairy? Volta et. al. have demonstrated that 36% to 48% of celiacs tested were also intolerant to milk protein. Borner et. al. have demonstrated sequence homology, from the N-terminal, between casein and gliadin. The other three cited below are also identifying milk protein intolerances associated with celiac disease.
    Playing the odds, exclusion of dairy is most likely to help. But there are other significant dietary allergens that might be eliminated if a dairy free diet, in addition to the Gluten-free diet, doesnt help...


    Jefferson Adams
    Celiac.com 07/11/2012 - Sometimes, it's the small, local stories that help to capture the larger picture. More and more, community food banks are making efforts to accommodate people with celiac disease and gluten intolerance by stocking gluten-free foods. However, many of those food banks are tight on funds and shelf space, so finding the right balance between the needs of the majority of their clients and the few who need gluten-free foods can be a challenge.
    Recently, the Pictou County Celiac Support Group in Pictou County, Nova Scotia sought to help tip that balance with a $500 donation to the local food bank. The donation will help to ensure that the food bank will have gluten-free food available for people who need it.
    After being diagnosed with the disease 10 years ago, Kim...


    Jefferson Adams
    Celiac.com 10/26/2012 - Halloween means that many parents of children who must avoid gluten are wondering which Halloween candies are safe for kids and grown-ups on a gluten–free diet?
    Below, is an updated list of gluten–friendly and gluten–free Halloween candies currently available.
    Below that we feature a list of UNSAFE, NON–gluten–free candies, as well as a partial list of manufacturers with links to their company websites.
    Please remember that this list is not complete, or definitive, and should only be used as a guideline. Before consuming any candy on the list, be sure to gauge your purchases according to your own sensitivity levels, or those of your children.
    Gluten-free and Gluten-safe Candy List for Halloween 2012:
    3 Musketeers fun size
    ...


    Sheila Hughes
    Could Gluten be Ruining Your Skin?
    Celiac.com 05/10/2013 - Many people struggle daily with skin problems. Everyone wants clear, healthy, radiant skin, but only few are willing to go the extra mile to achieve this. Out of the people who combine a healthy diet with skin care products for clearer skin, there are still some that just can't get it to clear up.
    Recent studies are showing that many skin issues such as blemishes, eczema, or acne are caused by food allergies, and the top allergen in question? Gluten!
    Gluten can be found in roughly eighty percent of the proteins which grains contain. It is found in every day foods such as pizza, pasta, cereal, and even beer. Luckily in today's modern world we have many alternative foods, which are labeled gluten-free. Only a fraction of our population suffers a severe...


  • Recent Activity

    1. - knitty kitty replied to jmiller93's topic in Celiac Disease Pre-Diagnosis, Testing & Symptoms
      5

      What do my test results mean?

    2. - knitty kitty replied to HWB's topic in Related Issues & Disorders
      16

      strange symptoms/ diagnosis accuracy

    3. - Wheatwacked replied to HWB's topic in Related Issues & Disorders
      16

      strange symptoms/ diagnosis accuracy

    4. - sh00148 posted a topic in Celiac Disease Pre-Diagnosis, Testing & Symptoms
      0

      Nighttime Soiling (5 year old)

    5. - captaincrab55 posted a topic in Publications & Publicity
      0

      Scientists have discovered a cause of inflammatory bowel disease. They said it's a 'holy grail' discovery that could transform other autoimmune treatments.


  • Celiac.com Sponsor (A19):



  • Member Statistics

    • Total Members
      125,728
    • Most Online (within 30 mins)
      7,748

    Jessmn
    Newest Member
    Jessmn
    Joined

  • Celiac.com Sponsor (A20):


  • Forum Statistics

    • Total Topics
      120.8k
    • Total Posts
      1m

  • Celiac.com Sponsor (A22):





  • Celiac.com Sponsor (A21):



  • Popular Now

    • jmiller93
      5
    • MomofGF
    • Louise Broughton
      4
  • Popular Articles

    • Scott Adams
    • Scott Adams
    • Scott Adams
    • Scott Adams
    • Scott Adams
  • Upcoming Events

×
×
  • Create New...