I was recently sent this article from a friend with Gluten Intolerance which discusses the Lesley University and Americans with Disabilities Act (ADA) Agreement. For those not familiar, students sued Lesley University because their required meal plans offered limited options for those with Celiac Disease and food allergies. Through the ADA, the students won the trial and Lesley University is now required to make several changes to their meal plans and food options. According to the ADA’s Q&A about this Agreement:

“Among other things, Lesley University agreed to:

• Provide gluten-free and allergen-free food options in its dining hall food lines in addition to its standard meal options;

• Allow students with known allergies to pre-order allergen-free meals;

• Display notices concerning food allergies and identify foods containing specific allergens;

• Train food service and university staff about food allergy-related issue;

• Provide a dedicated space in its main dining hall to store and prepare gluten-free and allergen-free foods; and

• Work to retain vendors that accept students’ prepaid meal cards that also offer food without allergens.”

(http://www.ada.gov/q&a_lesley_university.htm) 

The article goes on to discuss what perspective ‘ripple effects’ this agreement might have on other agencies which offer food: “As reported by AP, “the decision leaves schools, restaurants, and other places that serve food more exposed to legal challenges if they fail to honor requests for accommodations by people with food allergies.””. 

While this article is accurate in it’s content in discussing the Agreement, it’s possible effects, and it’s controversy it got me a bit worried when it seemed to discuss that the agreement defines and qualifies Celiac Disease and Food Allergies as a Disability under the ADA. Working in the field I began to worry that this could be easily misunderstood to mean that all of those with Celiac Disease and Food Allergies are considered disabled, and there for eligible for accommodation without question, as this agreement seemingly classified them as such under the ADA. A few articles backed up this fear, stating that those with these conditions were now considered disabled and had improved rights.

This is unfortunately not the case. The ADA DOES NOT qualify or list specific physical or metal difficulties as disabilities, instead it broadly defines what a disability is as: 

(http://www.ada.gov/pubs/adastatute08.htm#12102)

The important keywords here are “with respect to an individual”. This means that no disability is specifically covered by the ADA, but rather an individuals circumstances and experiences must be determined in relation to their context. This is why there are application and approval processed for handicap stickers, Social Security Disability Insurance, and accommodations in places of employment, housing, and schools. This is also why other cases have determined that Celiac Disease and food allergies were not disabilities in those situations. The important factor which labeled them as disabilities in the Lesley agreement was the fact that students had to have the meal plan, limiting their food options and leaving them with little to eat safely and with wasted money put towards those plans. 

While this Agreement does set precedence for acknowledging that Celiac Disease and Food allergies can fit into the category of Disability under the ADA, it is important to distinguish that it does not necessarily automatically mean that we are entitled to accommodations. This is an important distinction to make, at least for me and my Social Work brain. This About.Com article goes further into what this means, discussing what the ADA can and cannot do for those with Celiac Disease and Gluten Sensitivity. As one example it cites that “The ADA will allow you to bring your own gluten-free food to places where safe food won’t be available.” while it cannot “force a restaurant to provide you with gluten-free food.”

The world of disabilities can be a trick place, and such Agreements and publicity can improve the lives of those with the conditions in discussion because it reminds others of the impact those conditions can have on life, but it does not provide an automatic entitlement and there will always be a battle to be fought. 

For further details about this Agreement, and the ADA in general please see the following links:

ADA’S “Questions and Answers About the Lesley University Agreement and Potential Impacts for Those with Food Allergies” 

Full Americans with  Disabilities Act of 1990, As Amended

News on the National Foundation for Celiac Awareness’ work with Colleges and Universities Regarding Accommodation in This Setting

An Article From a Legal Site with Suggestions for ‘Affected Businesses’ (Note that this article does state that all Food allergies were labeled as disabilities through this act, but remember what I said about the ADA not labeling disabilities)