Did You Know? Food Allergies are Disabilities: The Latest from the Accessibility Advisory Committee

Did You Know? Food Allergies are Disabilities:

The Latest from the Accessibility Advisory Committee

Allergies as a Disabilities

Food allergies, asthma, and other allergies are covered by the Americans with Disabilities Act Amendments Act of 2008 (ADAAA). Why? The definition of “disability” as something that “significantly limits a major life activity.” This would include things such as eating, breathing, and working. As such, a person who cannot eat certain foods, has trouble breathing due to them, and potentially is allergic to something in their workplace is considered a person with a disability. A person does not have to be consistently allergic to something to be considered “disabled;” if they only have symptoms when triggered by the thing that they are allergic to, meaning it is an “episodic disability,” they would still be considered disabled. The Washington Law Against Discrimination (WLAD) has a similar definition and also covers people with allergies.

Are Employees with Food Allergies Entitled to Reasonable Accommodations?

Like all workplace accommodations, food allergy accommodations are determined as reasonable on a case-by-case basis, dependent on a few factors. Each person’s situation is individual, their barriers are unique. Also, they must still be able to perform the essential functions of their job with reasonable accommodations. That said, employees who are triggered by allergies in their workplace can always ask for accommodations and their employer is required to go through the Interactive Process and attempt to accommodate them.

Did You Know?

• Some people can have allergic reactions just by touching a surface that was touched by another person who ate something they are allergic to.
• Some people can react to allergens in the air around them, including dust from food.
• Not all people with allergies use EpiPens; this does not mean that they do not have a serious allergy.
• How Can We Be More Allergy-Conscious?
• There are several ways to try to be conscious of potential allergies, particularly when providing food, whether in the workplace, when organizing events, or when partying with friends and family. See below for some ideas:
• Don’t serve nuts or peanuts (or other common allergens) at events you are hosting. If it can’t be avoided: use an entirely separate area with separate utensils, etc. OR if it can’t be avoided, keep them entirely separate (separate table, separate knives used to cut things, etc.).
• Don’t serve foods where the ingredients are unknown and label the dishes you are serving.
• Notify attendees of your event if common allergens (such as nuts, dairy, soy, and eggs) will be present at an event.
• Educate your team about food allergies in the workplace (cross contamination, keeping common allergens out of potluck events, etc.).
• Offer remote options for all campus events when allergens can’t be avoided.​

Resources

• Asthma and Allergy Foundation of America
• Cleveland Clinic: Allergies
• Mayo Clinic: Food allergies
• Accessibility Advisory Committee YouTube Playlist – The AAC YouTube playlist has a variety of videos, with PowerPoints, presentations performed by members, and recordings of past workshops at Shoreline. Let us know about specific topics that you think would be interesting for us to develop into videos!

How are we doing?

Please submit feedback about the information that the Accessibility Advisory Committee shares to Miranda Levy via email at mlevy@shoreline.edu so that the committee can review together and serve the campus community better.