Food Allergies a Disability in the Workplace?

Severe Allergies, Disabilities and the Workplace

While I do not claim to be an expert in the areas of allergies, asthma and MCS, I do have some measure of confidence in my ability to speak and write on these issues. Though following news in regard to these topics is a relatively recent development for me (off and on for almost two years), I was surprised when a recent article in Forbes online suggested that employers accommodate food allergy sufferers in the same way they would accommodate ‘any other disability.’

The article dealt with how employers and coworkers might want to consider possible reasons why a fellow coworker or employee may seem to anti-social around lunch or after work. Sure, some people might seem like social hermits, but there may be a good reason for it.

If a coworker has a severe peanut allergy, having a few beers at the local pub or going to a steakhouse where peanuts shells are hucked on the floor after work might be something he passes on. Even eating lunch the break room, where other people may spill or leave certain food contaminants behind, may pose a problem with severe allergy sufferers. And it would certainly ruffle some feathers in the office is a birthday cake was bought for an employee and then she didn’t eat any (unbeknownst to everyone that she has a severe food allergy and doesn’t to afford the risk in eating it). So rather than admit something that some might consider embarrassing, they politely decline.

Much like we suggest with children in school, awareness if often the largest issue. So in workplaces, particularly as employers, it’s important to identify anyone with food allergies, not only to discuss any sort of emergency response plan that may be necessary but also how to best deal with it in the workplace setting. Additionally, fostering an environment where employees feel comfortable documenting a colleague’s hostility is essential for addressing and preventing instances of workplace harassment or discrimination.

Back to the disability part of this article, after some digging, it seems a little hazy as to whether or not food allergies are a disability. The language that is often cited under the Rehabilitation Act is intentionally broad, as to be inclusive. Generally it forbids organizations and employers from excluding or denying individuals with disabilities an equal opportunity to receive program benefits and services. Then, it goes on to define individuals with disabilities as those who have physical or mental impairment of major life activities, like walking, caring for yourself, breathing, speaking, seeing, hearing, etc. The subsequent amendment to the American with Disabilities Act of 2008 broadened the definition of disability even more. A disability can upend your life, leaving you confused about where to turn next. If you have a disability that affects your ability to work, you may be entitled to social security disability benefits. You may consider consulting with a professional social security disability lawyer who can provide excellent social security disability law services to learn more.

So, an argument could be made that asthma and even severe allergies could be defined as a disability. Think of it like this. Asthma can severely impinge upon a person’s ability to breathe, so much so that asthma attacks can be fatal. It is also true that anaphylactic shock brought on by severe food allergies can be fatal. So for these two groups, major life activities (eating and breathing) can be severely limited.

Does this mean that someone severely allergic to shellfish can apply for a disability benefit through the federal government? Well, it is a free country, but unless your situation is particularly acute, debilitating, or hard to control even with medication, you might be better served just helping to raise awareness in your workspace.

Work with your employer and coworkers to help create a better work environment that is more accommodating of severe food allergies or asthmatics. Maybe this means not having peanuts or tree nuts in the break room or limiting heavy fragrance/perfume at work. Ultimately, it’s about creating a work environment that is healthy and safe for all, and that begins with awareness.

One thought on “Food Allergies a Disability in the Workplace?

  1. Juliet May 18, 2012 / 4:43 am

    I totally agree with your ideas. Allergy must not be the hindrance to work for his living. What people need inside the workplace is to be sensitive. If we can observe allergy symptoms from that person, then respect and help create a working place both friendly for everybody. On the first place, it was not their fault to have allergic reactions from the things we are used to.

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