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Date: | Wed, 10 Sep 2008 22:35:52 -0400 |
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<<Disclaimer: Verify this information before applying it to your situation.>>
There was a recent post which had the possibility to cause significant misunderstanding of
the Americans with Disabilities Act and how it applies to celiac.
It read: "Subject: ACDA Announces Extensive School Related Resources
(snip)
The new ACDA webpage responds to the most common questions, directly. For instance,
'Does the Americans with Disabilities Act define celiac disease as a disability? Answer:
No, it never mentions celiac disease."
The actual text of the ADA mentions no disease by name. Rather, it reads:
"The term "disability" means, with respect to an individual
(A) a physical or mental impairment that substantially limits one or more of the major
life activities of such individual;"
(http://www.ada.gov/pubs/ada.htm#Anchor-Sec-47857)
I pursued a case against our local recreation department with the aid of the Justice
Department, which enforces the ADA. The staff of the Justice Department stated that the
test of an ADA case is in the phrase "limits one or more of the major life activities" - and
eating is, in many circumstances, a major life activity. So the ADA does cover celiac
disease in some circumstances, but certainly not all.
Maureen
California
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