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Celiac.com 11/11/2023 - In a recent poll conducted by Celiac.com, participants were tested on their knowledge of gluten-free accommodations in various settings, shedding light on the prevailing misconceptions surrounding celiac disease and U.S. regulations. The results revealed a surprising divergence of opinions, indicating a need for clarity on the legal obligations of public schools, elderly care facilities, and airlines when it comes to providing gluten-free options. While some respondents demonstrated a solid understanding of the existing regulations, a significant number seemed to be navigating a web of misinformation. In this article, we delve into the poll findings, dissecting the nuances of U.S. laws to offer a comprehensive guide on what individuals with celiac disease can truly expect in terms of gluten-free provisions. From classrooms to care facilities to the friendly skies, we aim to dispel the myths and provide an accurate portrayal of the rights and responsibilities involved in accommodating gluten-free needs. Survey Snapshot: Unveiling Perceptions and Realities of Gluten-Free Accommodations In a recent poll conducted by Celiac.com, participants were quizzed on their understanding of gluten-free accommodations within various sectors in the United States. The results revealed intriguing disparities between public perception and actual regulations. Below are the poll questions, and results, and the correct response is bolded. Public schools must provide gluten-free meals to kids with celiac disease. True: 55% False: 45% Elderly care facilities must provide gluten-free meals to residents with celiac disease. True: 68% False: 32% Airlines must provide gluten-free snacks or meals to customers with celiac disease. True: 36% False: 64% These numbers not only shed light on the prevailing beliefs but also underscore the need for greater awareness regarding the rights and expectations of individuals with celiac disease. A Deep Dive into the Poll and the Americans with Disabilities Act (ADA) Under the ADA, are public schools required to provide gluten-free meals to students with celiac disease? The Americans with Disabilities Act (ADA) does not specifically require public schools to provide gluten-free meals to students with celiac disease. However, under the ADA, public schools are required to provide reasonable accommodations to ensure that students with disabilities have equal access to educational programs and activities. This could include dietary accommodations for students with celiac disease. In practice, some public schools choose to offer gluten-free meal options to accommodate students with celiac disease. The decision to provide gluten-free meals may depend on factors such as the number of students with dietary needs, available resources, and the school's commitment to ensuring equal access for all students. If you have a child with celiac disease who requires a gluten-free diet, it's advisable to work with the school to discuss your child's specific dietary needs and explore potential accommodations. This may involve collaborating with the school's food service provider and providing documentation from a healthcare professional to support the request for gluten-free meals. It's important to note that Section 504 of the Rehabilitation Act of 1973, which applies to schools that receive federal funding, may also require schools to provide dietary accommodations for students with disabilities, including those with celiac disease. It's recommended to work closely with your child's school and healthcare professionals to ensure that their dietary needs are met. Under the ADA are public or private elderly care facilities required to provide gluten-free meals to residents with celiac disease? Under the Americans with Disabilities Act (ADA), public and private elderly care facilities are generally required to provide reasonable accommodations to meet the dietary needs of residents or patients with celiac disease. The ADA prohibits discrimination on the basis of disability, and celiac disease is considered a disability under the ADA. In the context of elderly care facilities, this means that if a resident or patient has celiac disease and requires a gluten-free diet for their health, the facility should make reasonable accommodations to provide gluten-free meals or ensure that the resident's dietary needs are met. This may include offering gluten-free menu options, ensuring proper food preparation to prevent cross-contamination, and working with healthcare professionals to address specific dietary needs. It's important for individuals with celiac disease or their family members to communicate their dietary needs with the staff at the elderly care facility, provide any necessary documentation or medical information, and collaborate with the facility to develop a dietary plan that meets their needs while complying with the ADA. Facilities should be willing to work with residents and patients to ensure their health and well-being, and the ADA requires them to make reasonable accommodations to achieve this goal. However, the specific accommodations and processes may vary depending on the facility and the individual's needs. Under the ADA are commercial required to provide gluten-free meals to passengers with celiac disease? Under the Americans with Disabilities Act (ADA), commercial airlines are not explicitly required to provide gluten-free meals to passengers with celiac disease. The ADA primarily focuses on non-discrimination and equal access for individuals with disabilities in various aspects of public life, including transportation. While airlines must ensure equal access to air travel, dietary requirements, such as gluten-free meals, fall under a different set of regulations and practices. However, many commercial airlines do offer special dietary accommodations, including gluten-free meals, as part of their in-flight services. Passengers with dietary restrictions, including those with celiac disease, can typically request special meals when making their reservations or by contacting the airline's customer service. Airlines often offer options like gluten-free, vegetarian, vegan, or other special dietary meals to accommodate passenger preferences and requirements. It's important for passengers with celiac disease to notify the airline about their dietary needs well in advance of their flight to ensure that the airline can make the necessary arrangements. Keep in mind that the availability and quality of gluten-free meals may vary among airlines, so it's a good idea to inquire about specific accommodations when booking your flight. Passengers with dietary restrictions should check with the airline they plan to travel with to understand their specific policies and options for special meals. Final Analysis: Navigating Dietary Needs Under the ADA The poll results underscore widespread misconceptions regarding gluten-free accommodations under the Americans with Disabilities Act (ADA). While a significant portion incorrectly believed public schools, elderly care facilities, and airlines were obliged to provide gluten-free options, the reality is more nuanced. Public Schools: Public schools, although not explicitly mandated by the ADA, may choose to provide gluten-free meals as a reasonable accommodation. Successful advocacy for such accommodations involves collaborative efforts between parents, schools, and healthcare professionals. Elderly Care Facilities: In the realm of elderly care, the ADA necessitates reasonable accommodations for residents with celiac disease. Clear communication, documentation, and collaboration between residents and facility staff are pivotal in ensuring compliance with ADA standards. Commercial Airlines: Contrary to popular belief, commercial airlines aren't explicitly required by the ADA to furnish gluten-free meals. However, proactive communication with airlines can often result in suitable accommodations, emphasizing the importance of early notification and thorough understanding of each airline's policies. Empowering Individuals: This analysis reveals the need for improved awareness and understanding of ADA provisions related to dietary accommodations. Individuals with celiac disease and their advocates play a crucial role in fostering effective communication and collaboration to ensure their needs are met. While the ADA provides a framework for reasonable accommodations, it's essential to recognize the distinctions in how it applies to different settings. Navigating the landscape of gluten-free requirements involves proactive engagement, effective communication, and a collaborative approach between individuals, institutions, and healthcare professionals. As awareness grows, it is hoped that misconceptions will dissipate, fostering an environment where individuals with celiac disease can confidently assert their rights and enjoy equal access to various facets of public life. Source: Americans with Disabilities Act Title II Regulation

Celiac.com 03/29/2023 - We get a lot of questions from people about celiac disease, and celiac-related issues. One question we've seen a lot lately is: Is celiac disease is a disability? The short answer is yes. Celiac disease is considered a disability under the Americans with Disabilities Act (ADA), but the longer answer is more complex. Here's the rundown. ADA Became Law in 1990 The Americans with Disabilities Act is a law that aims to prevent discrimination against people with disabilities. The act was passed in 1990 and has since been expanded to cover a variety of disabilities, including those that are not immediately apparent to others. The ADA contains four main provisions that make it easier for people with disabilities to participate fully in society: The ADA prohibits employment discrimination on the basis of disability. The ADA prohibits discrimination against those with disabilities at the local or state government level. The ADA prohibits discrimination based on disability from businesses that offer goods, services, facilities, or accommodations to the public. The ADA requires telecommunications companies to take steps to make sure they can offer "functionally equivalent services" to individuals with disabilities. ADA Expanded in 2008 In 2008, the ADA was expanded to include "major life activities" such as eating, which means that individuals with celiac disease and gluten sensitivity are covered under the ADA. However, it is not always clear what accommodations are required under the law. The law requires public places and companies to provide access to people with disabilities, and prohibits employment discrimination based on disability. The ADA covers people with celiac disease and gluten sensitivity, and in theory, guarantees access to safe food. For example, in situations where safe food is not readily available, such as in jail or on a cruise, the ADA should require that accommodations be made for individuals with celiac disease or gluten sensitivity. Additionally, if an employer requires employees to attend a lunch meeting where the only food available is provided by the employer, the employer may be required to provide a gluten-free meal. In theory, public schools should also have to offer gluten-free lunches to students with celiac disease, although this is clearly not yet happening in most public schools. Many colleges now offer gluten-free menu options, and hopefully this will also spread to public elementary and high schools as well. Celiacs Often Have to Fight for Protection However, the reality is that people with celiac disease may still have to fight for accommodations, like gluten-free food, even if they are covered by the ADA. People with celiac disease or gluten sensitivity may need to advocate for themselves to receive accommodations under the ADA. They may need to provide extensive guidance to those preparing their food and potentially fight to force the institution in question to meet their needs. The ADA can help people with celiac disease or gluten sensitivity in certain situations, like requiring safe food in an emergency shelter or in prison, and allowing people to bring their own gluten-free food to places where safe food won't be available. However, it cannot force a private restaurant to provide gluten-free food. While it may not always be clear what accommodations are required under the law, it is important for individuals with disabilities to do their best to understand their rights, and to advocate for themselves as necessary. Read more at verywellhealth.com

Celiac.com 06/17/2019 - A federal appeals court reinstated a lawsuit filed by a boy with celiac disease against a Colonial Williamsburg restaurant. The court ruled that a jury should decide whether the restaurant violated the Americans with Disabilities Act when they barred a boy from bringing his gluten-free meal into the Shields Tavern. The lawsuit lists the boy's name as J.D. Because J.D. has celiac disease and follows a strict gluten-free diet, he couldn't eat with his classmates on their May 11, 2017, field trip. The staff at the Shields Tavern told J.D. that they could make a gluten-free meal for him, but they could not allow him to eat his own food in the tavern, which is owned and operated by the Colonial Williamsburg Foundation. J.D. had had problems before with gluten-free restaurant meals that were not, in fact, gluten-free. Since he hadn't eaten at Shields Tavern before, he declined their offer to make him a gluten-free meal. Because of Shields Tavern rules against outside food, J.D. was forced to eat a homemade meal apart from his friends and teachers. J.D. may have facts on his side. A recent study shows that most gluten-free restaurant food contains gluten. J.D.'s father chose to sue the foundation, arguing it violated the ADA, the Rehabilitation Act and the Virginians with Disabilities Act. The initial lawsuit was dismissed before trial by U.S. District Judge Rebecca Beach Smith, who held that J.D. did not show that he suffered discrimination because of his disability. In a 2-1 ruling that reinstated J.D.'s lawsuit, Judge Albert Diaz, writing for the majority, noted that Shields Tavern has high gluten-free meal standards that may be okay for most people with celiac disease, and a jury might decide they are good enough. But, added Diaz, “The district court incorrectly overlooked the testimony that J.D. repeatedly became sick after eating purportedly gluten-free meals prepared by commercial kitchens. Until a jury resolves the disputes surrounding the nature and extent of J.D.’s disability, we cannot determine if the accommodation Shields Tavern offered, as good as it may be, fully accounted for his disability.” Read more at Richmond.com

08/01/2018 - A federal appeals court has ordered a new trial for a terminated worker who sued a staffing company for allegedly violating the Americans with Disabilities Act by not accommodating her celiac disease. Laurie Peterson suffers from celiac disease, and worked as a staffing supervisor for Troy, Michigan-based Kelly Services Inc. until her termination in January 2014 according to court papers filed in Laurie Peterson v. Kelly Services Inc. Peterson had originally sued Kelly in U.S. District Court in Spokane, Washington, alleging failure to accommodate, discrimination and retaliation under the ADA. The original court issued a partial summary judgment granting Kelly’s motion on Ms. Peterson’s claims that the company had failed to accommodate her celiac disease and had fired her in retaliation for protected activity, but allowed related charges in the case to proceed. A jury later found that Kelly had not retaliated against Ms. Peterson. A three-judge panel of the 9th U.S. Circuit Court of Appeals recently issued a unanimous reversal of the district court’s original ruling. The panel wrote that the district court had “failed to construe the facts in the light most favorable to Peterson as the non-moving party as required on summary judgment.” The case originally arose out of Peterson’s work as interim district manager in fall 2013 while Kelly Services was looking for a new district manager. According to the complaint in the case, when the new district manager learned Ms. Peterson had celiac disease, he began treating her differently than other employees, including changing her work schedule. The change in work schedule allegedly caused Ms. Peterson stress and anxiety, which aggravated her celiac-related condition. Ms. Peterson sought to return to her previous 8 a.m. to 5 p.m. shift. According to the complaint, the district manager told Ms. Peterson to take unpaid leave under the Family Medical Leave Act instead of seeking an accommodation from the company. Peterson and the supervisor were later fired. In reversing the lower court and remanding for trial the claims decided on summary judgment, the court found that the district supervisor’s statement “is direct evidence of retaliatory intent.” The ruling added that the supervisor’s declaration “also raises a genuine issue of material fact as to whether Kelly Services engaged in the interactive process in good faith.” Ms. Peterson’s battle against Kelly Services, Inc., has important implications for how companies treat people with celiac disease under the ADA. To find out how the retrial turns out, keep an eye on Celiac.com Source: businessinsurance.com

Celiac.com 11/19/2013 - There's an interesting take on the precedent-setting ruling issued early in 2013 by the U.S. Justice Department, which found that celiac disease and other serious food allergies and sensitivities can be considered disabilities under the Americans with Disabilities Act. The ruling arises from a settlement between the Justice Department and Lesley University in Cambridge, Massachusetts that came after Justice investigated the university in response to a student complaint that the school’s mandatory meal plan did not provide sufficient gluten-free food alternatives, and that the school did not accommodate the needs of those on gluten-free diets by excusing their participation in the meal plan or providing a reasonable alternative. The ruling has led a number of colleges and universities with student meal programs to make efforts to offer suitable options for students with celiac disease and other serious food allergies. However, Janet Raasch, points out in a blog entry on lawyers.com that the ruling applies more broadly to schools and restaurants at large. Raasch says that "…schools, restaurants and other places that serve food can be exposed to legal challenges if they fail to honor requests for accommodations by people with celiac disease." It's important to remember that Ms. Raasch is not a lawyer. So, while she has an interesting take, and it remains to be seen if gluten-free options become more numerous partly out of a push for restaurants and other food service establishments to follow in the footsteps of colleges and universities with student meal programs. What do you think will be the impact if schools, restaurants and food purveyors treat celiac and other food allergies as an ADA disability? Will it mean more gluten-free options? Better standards? Share your comments below. Source: blogs.lawyers.com Post by Janet Raasch