28 February 2011

Are FOOD ALLERGIES CONSIDERED DISABILITIES under the American's with Disabilities Act

Are food allergies considered "disabilities" by law under the American's With Disabilities Act? (ADA).
YES.
The following is the current text of the Americans with Disabilities Act of 1990 (ADA), including changes made by the ADA Amendments Act of 2008 (P.L. 110-325), which became effective on January 1, 2009.  
Sec. 12102. Definition of disability
As used in this chapter:
(1) Disability
The term "disability" means, with respect to an individual;
(A) a physical or mental impairment that substantially limits one or more major life activities of such individual

(B) a record of such an impairment; or


(C) being regarded as having such an impairment (as described in paragraph (3)


To learn more about the ADA, click here to visit the ADA website. To read the current version of the ADA click here.  Note- it is very long and detailed.


Here is an excerpt from an article published by the Asthma and Allergy Foundation of America (AAFA) that addresses this important question.
"a person with a disability is described as someone who has a physical or mental   impairment that substantially limits one or more major life activities, or is regarded as having such impairments. 
Breathing, eating, working and going to school are "major life activities." Asthma and allergies are still considered disabilities under the ADA, even if symptoms are controlled by medication."
Click here to read the AAFA article which was updated in 1995.

To read more about Treatment for Peanut, Milk, Egg and Wheat allergies click here 
for my posts on Just A Little Peanut- food allergy blog. 



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