A recent landmark settlement between the U.S. Department of Justice (DOJ) and Lesley University in Cambridge, Mass., opens the possibility that individuals suffering with food allergies could be considered a protected class under the Americans with Disabilities Act (ADA). The settlement makes it clear that the federal authorities will treat complaints about a school’s failure to provide appropriate accommodations for students with food allergies as possible violations of the ADA. Up until this settlement, it has been unclear what schools’ legal obligations are to students with food allergies but now, all learning institutions, from nursery school to postgraduate, should consider modifications to existing policies and procedures regarding food-related conditions.
Title II of the ADA provides that “no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.” Title II defines “qualified individual with a disability” as “an individual with a disability who, with or without reasonable modifications … meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a public entity.” Disability means, with respect to an individual, “(a) a physical or mental impairment that substantially limits one or more major life activities of such [an] individual; (b) a record of such an impairment; or (c) being regarded as having such an impairment.” All public accommodations are prohibited from discriminating based on a disability, which means specifically that they cannot deny anyone “full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
