Prevent Lawsuits Over Food Allergies

Following allegations that Lesley University’s policies and practices concerning students with food allergies violated Title III of the Americans With Disabilities Act (ADA), in 2012 the U.S. Department of Justice reached a settlement agreement with the University. The terms of the settlement indicate that Lesley will continue to make reasonable modifications to its food service policies, practices and procedures and work on a case-by-case basis to address the needs of students with food allergies.

Since the settlement might affect the way that K-12 schools approach the issue of food allergies, we asked Attorney Margaret Paget (at right), former Partner and Co-Chair of the Employment Group at law firm Sherin and Lodgen, to explain the implications of the case.

Please explain, in a nutshell, the U.S. v. Lesley University case: What did the suit allege, and what things does Lesley now have to do differently that might also apply to K-12 schools?

The complaint against alleged that Lesley University was in violation of Title III of the Americans with Disabilities Act of 1990 (ADA) by failing to make necessary reasonable modifications in policies, practices and procedures to permit students with celiac disease and/or food allergies to fully and equally enjoy the privileges, advantages and accommodations of its food service and meal plan system.

Lesley formerly required its students to participate in the University’s meal plan without offering gluten-free dining to students with celiac disease or other gluten intolerance. After the suit was commenced, Lesley entered in a settlement agreement in which they undertook, inter alia, to offer gluten-free dining options to students. Although this particular complaint was brought under Title III of the ADA, which applies to private entities, the ADA’s Title II (and other federal laws) impose similar requirements on public K-12 schools. Thus, private or public schools that offer a dining/meal plan should take steps to ensure that they offer comparable gluten-free (and allergen-free) meals.

As a result of this settlement, do all food allergies now constitute disabilities, or only celiac disease?

The question remains open regarding which food allergies would be considered disabilities under the ADA. It is likely, however, that celiac disease and other serious food allergies would fall within the ADA, which covers any impairment that substantially limits one or more major life activities. Eating is such a major life activity.


What reasonable steps should all K-12 schools take in order to prevent lawsuits over student food allergies?

What constitutes a “reasonable accommodation” for students with food sensitivities will vary depending on the school, its resources, its existing dining services and student needs. Every school should assess its dining system to determine whether it offers (or is able to offer) comparable allergen-free meals to students at comparable prices (i.e., a hot entrée if other hot entrees are served), and whether students have requested such accommodations. The school may consider engaging in an interactive process with each student in need of dietary accommodation, to mutually formulate an individualized, alternative dining option for that student. Some schools, however, may find it simpler simply to provide allergen-free meals as part of their daily offering. Such changes should be made in consultation with a dietary consultant.

Article by Celine Provini, EducationWorld Editor
Education World®    
Copyright © 2013 Education World