Governmental entities that provide meal plans or food service will have to stomach new rules and guidelines on providing allergen-free food. The Department of Justice (“DOJ”) now provides more protections for students with Celiac disease and other food allergies, defining food allergies as a disability under the Americans with Disabilities Act (“ADA”). The treatment of food allergies and Celiac disease as a disability under the ADA will have wide ranging implications for governmental entities providing meal plans and food service, such as public hospitals, educational institutions, and detention facilities.
In December 2012, the DOJ reached an agreement with Lesley University in Cambridge, MA, to settle an ADA claim brought by university students with Celiac disease and other food allergies. The DOJ announced that under the ADA, these students should have full and equal enjoyment of the university’s meal plan and food services. The settlement agreement required the university to amend its policies and practices to provide for gluten and allergen-free food options and separate food preparation areas. In addition to these and other requirements, the university paid $50,000 in compensatory damages to the students who brought the claim.
In 2011, the Texas Legislature addressed concerns about food allergens in the school setting. Texas school districts and open enrollment charter schools were required to implement the Guidelines for the Care of Students with Food Allergies At-Risk for Anaphylaxis by August, 2012, under Section 38.0151 of the Texas Education Code. Under the new policy guidelines, districts must do the following:
(1) identify students at-risk for anaphylaxis;
(2) develop and implement an action plan to include monitoring of food allergies;
(3) reduce the risk of exposure within the school setting;
(4) train school officials on appropriate emergency response, and
(5) conduct post anaphylaxis reaction-review of policy and procedures.
This policy, however, does not provide gluten and allergen-free guidelines when a student is not at risk for anaphylaxis. Meeting the policy guidelines alone does not provide a safe harbor to districts, and districts may be exposed to additional liability under the ADA for failure to provide gluten and allergen-free meal options.
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