Food Allergies as Disabilities: Legal Rights and Protections

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According to the Department of Justice's ADA guidelines, severe food allergies can qualify as disabilities under the Americans with Disabilities Act when they substantially limit one or more major life activities.

Legal Framework

ADA Definition

  • • Physical/mental impairment
  • • Substantial life limitations
  • • Record of impairment
  • • Regarded as having impairment
42 U.S.C. § 12102(1)

Covered Entities

  • • Schools (Title II)
  • • Workplaces (Title I)
  • • Public accommodations (Title III)
  • • Government services
ADA Titles I-V

Landmark Court Decisions

Land v. Baptist Medical Center (2003)

Established peanut allergy as ADA disability

164 F.3d 423 (8th Cir.)

Moussouris v. Washington State (2019)

Affirmed reasonable accommodation requirements

Case No. C18-1758-RSM

Required Accommodations

Schools

  • • 504 Plans
  • • Emergency protocols
  • • Staff training
Department of Education Guidelines

Workplaces

  • • Safe eating areas
  • • Policy modifications
  • • Emergency responses
EEOC Guidance

Public Places

  • • Menu modifications
  • • Ingredient disclosure
  • • Service animals
DOJ Guidelines

Federal Benefits

Social Security Disability

  • • Listing 3.03 (respiratory)
  • • Documentation requirements
  • • Medical evidence needed
SSA Blue Book

Tax Deductions

  • • Medical expense threshold
  • • Eligible costs
  • • Documentation needed
IRS Publication 502

Legal Resources

ADA Food Allergy Guidelines (2024)

Official DOJ guidance on accommodations

EEOC Enforcement Guidance

Workplace accommodation requirements

Department of Education OCR

Educational rights and protections