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Is Celiac Disease Covered Under Americans With Disablity Act

irish

By irish
in Coping with Celiac Disease

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irish Contributor
irish
Posted

My job is trying to swith my hours. I work for the Federal Government. When I worked midnights I was very sick, I did not sleep or eat. I have submitted doctor notes and and my doctor included it in my Family Leave Documents. I have been researching on the internet but can not find Americans with Disablity Act that includes Celiac Disease. My union representative said that if I can show that Celiac Disease is covered under the Americans wtih Disability Act that I will win my case.

Thanks for everyones help.

Loretta

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plantime Contributor
plantime
Posted

As far as I know, celiac disease is not considered a qualifying disability. It is treated by what you eat, not what hours you work. I'm sorry that is no help to you.

darlindeb25 Collaborator
darlindeb25
Posted

I am not sure, but I am thinking that celiac disease is not considered a part of the American Disability Act. As long as you go gluten free, most problems with the celiac's itself find much relief. If you are gluten free now, midnights should not be any different than any other hours, unless you just do not want midnights. Yet, not wanting to work midnights is not a reason to get disability.

I fight giving up. I want to work, I want to beat this. When I was sickest with celiac's, I am not sure I could have worked a regular job. I was an at home mom, I babysat for extra money and I worked for my mother in her sewing business. I was always very busy and still, very sick. I have been gluten free now for 5 1/2 years. I have been working outside the home for over 6 years, 5 years of that fulltime. In that time I have missed 1, maybe 2 days of work. In the last 4 years I have not missed any days. Not that I do not have bad days, I do, believe me. I have neuropathy, nasty headaches, neck and shoulder pain, and now, I have ringing in my ears, constantly--but I will not give up.

I do not know your history, nor your ailments. I can't speak for you. As sick as I was, and as much as celiac's has taken away from me, I refuse to let it win.

Cam's Mom Contributor
Cam's Mom
Posted

Hi!

The rather vague definition regarding a disability in the ADA is that it is "a physical or mental impairment that limits a major life function". it goes on to state that it can include ailments of a gastrointestinal nature but you would have the responsibility to prove that it "limits a major life function" such as feeding yourself or caring for yourself. I suppose if on the midnight shift you were absolutely unable to bring your own food with you and you could not get food on site that was gluten free it could be argued that it would limit your ability to eat. However, I can not imagine that you would not be able to bring food with you nor would it be any different at any other hour of the day.

I think Celiac might be a stretch under the ADA but for a full reading of the Americans with Disabilites Act of 1990 check out the link below (and be prepared for a long nap!)

Open Original Shared Link

Good Luck!

Barb

irish Contributor
irish
Posted
  • Author

I do want to work. When I worked on midnights I was very sick even though I was on gluten free diet. I never forgot this one instance, I was so sick that I had to be taken to the hospital. My doctor and nutritionist both agreed that maybe that being on daytour and being able to sleep at night would help me. It helped me alot. I am able to sleep 9 hours working the day tour but while working on midnights I could not sleep or eat.

I was told by my nutritionist that Celiac Disease is covered under the Americans with the Disablity Act not to get disablity but if you need extra time for lunch, or extra time in bathroom or change of hours. I like my job but I do not want to get sick like did while I was on midnights.

Loretta

babygirl1234 Rookie
babygirl1234
Posted

i dont see how it would be coverd because its a kind of diet not a kind of disablty if you get gluten while at work then i would see you getting sick at work but not a disablty, its what you eat not by what hours you work so thats not going to get you anywhere IMO

happygirl Collaborator
happygirl
Posted

It sounds like your problem with the over night issue has to do with your sleep cycle and it being all out of whack (understandably!) and therefore creating problems, not Celiac. You mentioned that you were very sick even while on the gluten free diet....but it was the hours. You are ok when on the gluten-free diet and on a "normal" schedule....so it is probably not Celiac that is the problem.

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shayesmom Rookie
shayesmom
Posted
My job is trying to swith my hours. I work for the Federal Government. When I worked midnights I was very sick, I did not sleep or eat. I have submitted doctor notes and and my doctor included it in my Family Leave Documents. I have been researching on the internet but can not find Americans with Disablity Act that includes Celiac Disease. My union representative said that if I can show that Celiac Disease is covered under the Americans wtih Disability Act that I will win my case.

Thanks for everyones help.

Loretta

Celiac Disease is covered under Section 504 and Americans with Disability Act. It is considered a hidden disability and is explained a bit here: Open Original Shared Link

However, I'm not sure how you would prove that celiac disease would prevent you from working new hours (not saying that it can't be proven...just unsure as to how the law would be applied).

Most links on celiac disease as related to disability covers school issues. But there has to be more information out there because someone else also posted that celiacs cannot serve in the military due to their "disability". If you run some searches about schools and the military, you may find more info on what applies to you.

chatycady Explorer
chatycady
Posted
I do want to work. When I worked on midnights I was very sick even though I was on gluten free diet. I never forgot this one instance, I was so sick that I had to be taken to the hospital. My doctor and nutritionist both agreed that maybe that being on daytour and being able to sleep at night would help me. It helped me alot. I am able to sleep 9 hours working the day tour but while working on midnights I could not sleep or eat.

I was told by my nutritionist that Celiac Disease is covered under the Americans with the Disablity Act not to get disablity but if you need extra time for lunch, or extra time in bathroom or change of hours. I like my job but I do not want to get sick like did while I was on midnights.

Loretta

You may want to check and see if you have an adrenal problem as a result of your celiac disease. Working nights may mess up your cortisol levels, I believe. That may be why you get sick at night...

Generic Apprentice
Generic
Posted

You are coverd under in the cases of bringing your own gluten-free food on a plane, into a concert, etc. Unless they can guarantee gluten-free food can be provided for you. Beyond that the coverage can get a little grey. It is one of those laws that is open to interpetation. You may want to contact the Gluten Intolerance Group of North America -AKA- G.I.G. They may be able to help you further. They have been around for at least 20 years that I know of. Here is there website Open Original Shared Link

-Laurie

kbtoyssni Contributor
kbtoyssni
Posted

I think celiac only counts as a disability in situations where you would be without access to gluten-free food (which is why it's considered a disability by the military).

Working midnights wouldn't fall under this category. I wonder if you have some other condition that makes it difficult for you to work nights. If you can prove that, then I think you'd have a case.

NoGluGirl Contributor
NoGluGirl
Posted
My job is trying to swith my hours. I work for the Federal Government. When I worked midnights I was very sick, I did not sleep or eat. I have submitted doctor notes and and my doctor included it in my Family Leave Documents. I have been researching on the internet but can not find Americans with Disablity Act that includes Celiac Disease. My union representative said that if I can show that Celiac Disease is covered under the Americans wtih Disability Act that I will win my case.

Thanks for everyones help.

Loretta

Dear irish,

I too, have had major sleep problems. My body seems to be on swing shift. I cannot stick with a sleep schedule for long. Normally, I will be on a sleeping schedule of 10pm to 7am or something similar for a week or two, then my body will switch to a 1am to 12 noon schedule. Then, another couple of weeks later, I will sleep from 6pm until 3am. I have been this way since I was 17 or so. I don't know why. I think it is a hormone issue. Correcting it is another story. There are a lot things that could be wrong. I know I have Candida Yeast, as well as Thyroid Disease. The possibilities are endless!

Sincerely,

NoGluGirl

P.S. If you get documentation from your doctor, that will help your case. Good luck!

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