<<Disclaimer: Verify this information before applying it to your situation.>>

Hello: I would like to post this reply to my recent observations on celiac
disease and whether or not it could be considered a disability in the
workplace. I had listed a website that talks about legal definitions of
disabilities. However, I have since learned that the website I listed was
for determining a disability so that a person might get social security
benefits. The ADA, or Americans with Disabilities Act, is a different
legal matter. Here is one reply that can clear up the matter so far (and
note that the information following in quotes is the opinion of one
person). For further information, this person who sent this information
has generously taken the time to provide phone numbers and contact names
so that anyone who has further questions can call the appropriate contact
person:

"celiac Disease is a disability that effects the ability to eat like
normal people..
An employer cannot force a Celiac to eat foods with Gluten if it was made
known that gluten must be avoided because of disability.

The below information comes from the federal dept of justice website on
disability law. The link to the whole article is there.

Social security disability can be obtained for anyone who means the
criteria SSA law determines which makes it impossible for one to work.
Therse are too different sets of laws, one not having to do with the
other.
Your references are employement and  the Americans with Disabilities Act.
Hope this helps clear up the matter."



section exerpt:

Title I requires employers with 15 or more employees to provide qualified
individuals with disabilities an equal opportunity to benefit from the
full range of employment-related opportunities available to others. For
example, it prohibits discrimination in recruitment, hiring, promotions,
training, pay, social activities, and other privileges of employment. It
restricts questions that can be asked about an applicant's disability
before a job offer is made, and it requires that employers make reasonable
accommodation to the known physical or mental limitations of otherwise
qualified individuals with disabilities, unless it results in undue
hardship. Religious entities with 15 or more employees are covered under
title I.

~~~~~
~~~~~~~~~~~~~~~~~~~~~~~~~
A Guide to Disability Rights Laws  or

http://www.usdoj.gov/crt/ada/cguide.htm

Americans with Disabilities Act (ADA)

The ADA prohibits discrimination on the basis of disability in employment,
State and local government, public accommodations, commercial facilities,
transportation, and telecommunications. It also applies to the United
States Congress.

To be protected by the ADA, one must have a disability or have a
relationship or association with an individual with a disability. An
individual with a disability is defined by the ADA as a person who has a
physical or mental impairment that substantially limits one or more major
life activities, a person who has a history or record of such an
impairment, or a person who is perceived by others as having such an
impairment. The ADA does not specifically name all of the impairments that
are covered.

ADA Title I: Employment

Title I requires employers with 15 or more employees to provide qualified
individuals with disabilities an equal opportunity to benefit from the
full range of employment-related opportunities available to others. For
example, it prohibits discrimination in recruitment, hiring, promotions,
training, pay, social activities, and other privileges of employment. It
restricts questions that can be asked about an applicant's disability
before a job offer is made, and it requires that employers make reasonable
accommodation to the known physical or mental limitations of otherwise
qualified individuals with disabilities, unless it results in undue
hardship. Religious entities with 15 or more employees are covered under
title I.

Title I complaints must be filed with the U. S. Equal Employment
Opportunity Commission (EEOC) within 180 days of the date of
discrimination, or 300 days if the charge is filed
with a designated State or local fair employment practice agency.
Individuals may file a lawsuit in Federal court only after they receive
a "right-to-sue" letter from the EEOC.

Charges of employment discrimination on the basis of disability may be
filed at any U.S. Equal Employment Opportunity Commission field office.
Field offices are located in 50 cities throughout the U.S. and are listed
in most telephone directories under "U.S. Government." For the appropriate
EEOC field office in your geographic area, contact:

(800) 669-4000 (voice)
(800) 669-6820 (TTY)

www.eeoc.gov

Publications and information on EEOC-enforced laws may be obtained by
calling:

(800) 669-3362 (voice)
(800) 800-3302 (TTY)

For information on how to accommodate a specific individual with a
disability, contact the Job Accommodation Network at:

(800) 526-7234 (voice/TTY)

www.jan.wvu.edu



ADA Title II: State and Local Government Activities

Title II covers all activities of State and local governments regardless
of the government entity's size or receipt of Federal funding. Title II
requires that State and local governments give people with disabilities an
equal opportunity to benefit from all of their programs, services, and
activities (e.g. public education, employment, transportation, recreation,
health care, social services, courts, voting, and town meetings).

State and local governments are required to follow specific architectural
standards in the new construction and alteration of their buildings. They
also must relocate programs or otherwise provide access in inaccessible
older buildings, and communicate effectively with people who have hearing,
vision, or speech disabilities. Public entities are not required to take
actions that would result in undue financial and administrative burdens.
They are required to make reasonable modifications to policies, practices,
and procedures where necessary to avoid discrimination, unless they can
demonstrate that doing so would fundamentally alter the nature of the
service, program, or activity being provided.

Complaints of title II violations may be filed with the Department of
Justice within 180 days of the date of discrimination. In certain
situations, cases may be referred to a mediation program sponsored by the
Department. The Department may bring a lawsuit where it has investigated a
matter and has been unable to resolve violations. For more information,
contact:

U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, NW
Disability Rights Section - NYAV
Washington, D.C. 20530

www.usdoj.gov/crt/ada/adahom1.htm or ada.gov

(800) 514-0301 (voice)
(800) 514-0383 (TTY)

Title II may also be enforced through private lawsuits in Federal court.
It is not necessary to file a complaint with the Department of Justice
(DOJ) or any other Federal agency, or to receive a "right-to-sue" letter,
before going to court.

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