Is Celiac Disease a Disability Under the Americans with Disabilities Act?

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. 

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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