Sorry Mr. Peanut, but food allergies, especially nut allergies, are increasing greatly in younger populations. And according to Julia DiPrete of DLA Piper, this translates into risky territory for employers, who must accommodate food allergies under the Americans with Disabilities Act.
“Individuals with food allergies certainly suffer from physical impairments that may substantially limit their abilities to eat and/or breathe,” says DiPrete. Unfortunately, she says there isn’t any case law on how, exactly, an employer must accommodate these allergic employees. There is guidance, however, from the U.S. Department of Justice from 2012, when it received a complaint that Lesley University violated the ADA by not accommodating students with celiac disease in its meal-plan system.
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