Legal Victory
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Legal Victory
Hi, The gluten free community recently celebrated a big victory thanks to the United States Department of Justice [DOJ] with their decision to recognize individuals with severe food allergies and autoimmune disorders, including celiac disease as having a disability and with that, provide the right to be protected by the Americans with Disabilities Act [ADA] established in 1990. In a precedential settlement agreement with Lesley University in Cambridge, Mass, the DOJ Civil Rights Divison favored the rights of the students who represented the claim that the university did not comply with the Title III of the ADA by not providing enough food and/or accommodations to meet the needs of their medically necessary diet. Even more , the DOJ submitted the lack of supporting access and policies and procedures did not allow the students to fully and equally enjoy the privileges, advantages and accommodations of its food service and meal plan system. Since its inception, the ADA accommondations in the educational setting have focusd on the needs of students with learning diasbilities or physical access. However. on December 20, 2012, the press release from the Office of Public Affairs of the DOJ, described their reasoning for declaring those with food allergies and celiac disease as having a disability as follows: " Food allergies may constitute a disability. Individuals with food allergies may have an autoimmune response to foods which may result in difficulty swallowing and breathing, asthma and anaphylaxis." This was written by Margie Sweeney for the Spring 2013 Healthy Villi Newletter. Jon
Hmmmm. That's certainly a step in the right direction, but it appears that just like Congress (and virtually every other official organization), the DOJ doesn't understand the difference between food allergies and food sensitivities (that is, the difference between IgE-based reactions and IgA-based reactions). Still, on the ruling.
I have a hunch that this is going to open some huge cans of worms, before everything gets sorted out.
Thanks for posting that,
Tex
I have a hunch that this is going to open some huge cans of worms, before everything gets sorted out.
Thanks for posting that,
Tex
It is suspected that some of the hardest material known to science can be found in the skulls of GI specialists who insist that diet has nothing to do with the treatment of microscopic colitis.