ADA Requires Accommodation of Peanut Allergy

The U.S. Department of Justice recently found that a theater program for young people violated the Americans with Disabilities Act when it failed to provide adequate arrangements for a 10 year old boy who had a severe allergy to peanuts. The program’s director had agreed to ask other program participants to refrain from bringing nut products to the program’s activities. She refused, however, to commit to having an adult present who could administer an Epi-Pen in the event that the child accidentally ingested some nuts and had trouble breathing. Instead, she told the boy’s mother that the mother would be required to sign a waiver of liability, and should consider attending all sessions that her son attended, so that she could administer the Epi-Pen if needed. [Read more…]