Andrea R. Calem and Frank C. Morris, Jr. have released an Act Now Advisory – DOJ Serves Notice: Celiac Disease and Severe Allergies Now Classified as Disabilities Under the Americans With Disabilities Act, Creating Far-Reaching Implications for Virtually Every Facility Serving Food.
Following is an excerpt:
A recent settlement agreement between the United States Department of Justice (“DOJ”) and Lesley University in Cambridge, Massachusetts explicitly extends the protections of the Americans with Disabilities Act (“ADA”) to individuals with severe allergies and autoimmune conditions such as celiac disease. The position of the DOJ Civil Rights Division reflected in this precedential settlement agreement shows that every entity serving food to the public, leasing to those who serve food and even employers with cafeterias must consider how ADA requirements may affect what food is offered, how it is prepared and even how it is stored.