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Subject:
From:
Pam Lambert <[log in to unmask]>
Date:
Mon, 27 Apr 1998 11:46:37 -0700
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<<Disclaimer: Verify this information before applying it to your situation.>>

Thanks to the people who responded to my query of whether celiac is a
condition covered by the Americans with Disabilities Act.  In search of a
definitive answer, I looked up a summary of the law, which I am providing
here.  Please don't ask me any questions about it; this is all I know!
This information is from the Department of Justice web site:
http://www.usdoj.gov/crt/ada

The ADA prohibits discrimination on the basis of disability in employment,
state and local government, public accommodations, commercial facilities,
transportation, and telecommunications.

An individual with a disability is a person who:
1.  has a physical or mental impairment that substantially limits a "major
    life activity," or
2.  has a record of such an impairment, or
3.  is regarded as having such an impairment.

Examples of physical and mental impairments include contagious and
noncontagious diseases and conditions such as orthopedic, visual, speech
and hearing impairments, cerebral palsy, epilepsy, muscular dystrophy,
multiple sclerosis, cancer, heart disease, diabetes, mental retardation,
emotional illness, specific learning disabilities, HIV disease,
tuberculosis, drug addiction and alcoholism.

"Major life activities" include functions such as caring for oneself,
performing manual tasks, walking, seeing, hearing, speaking, breathing,
learning and working.

So the questions are:  (1) is celiac a physical impairment; (2) does it
substantially limit; (3) performance of a major life activity?  Naturally
lawyers could argue it either way.  My guess might be (1) yes; (2) maybe
(are our dietary restrictions a substantial limit on eating?); (3) hmmmm,
if seeing, hearing, breathing, etc. are major life activities, it would
seem that the intake of food as necessary for life is too.

Pam Lambert, J.D.
Albuquerque, New Mexico, USA

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