Allergies as disabilities
Have a food allergy? Congratulations. The Justice Department says you can be considered disabled.
Food allergies are no laughing matter. Some people wind up hospitalized if they’re exposed to even the smallest amounts of peanuts, shellfish or other foods. They quickly learn to take great precautions and ask lots of questions about food they haven’t prepared themselves.
But a recent federal settlement with a Massachusetts college does far more than give students with food allergies more power in obtaining suitable food choices. It says food allergies can be considered a disability, creating all-new potential liabilities under yet-to-be-determined “reasonable accommodation” mandates for restaurants, caterers and schools that serve food. How long before lawyers launch TV commercials seeking clients with food allergies?
In the first place, this kind of determination should be made by Congress, not slipped into settlement language by a handful of activist federal attorneys. More importantly, however, we shouldn’t seek out all-new burdens to place on businesses, and new protections for otherwise perfectly healthy people.
Who’ll be considered disabled next? Those who suffer from seasonal allergies? Drug allergies? Pet allergies?