An Iowa Court of Appeals ruled that children and adults who have severe allergies are protected from discrimination by the federal Americans With Disabilities Act. Those who have epilepsy are also protected by it. This decision is different than a previous one by an Iowa district court.
In 2011, Shannon Knudsen sued Tiger Tots Community Child Care Center in Madrid, Iowa. The reason for the lawsuit was because the Child Care facility declined to accept her child specifically because the child had a tree nut allergy.
The case was heard by an Iowa district court. The court ruled that the Iowa Civil Rights Act does not protect the child. The decision was appealed, and has now been heard by an Iowa Court of Appeals. This court disagreed with the lower court’s decision.
The Appeals Court ruled that the lower court made an error because it did not consider an 2008 amendment to the Americans with Disabilities Act that might protect a child with an allergy from discrimination.
The Americans with Disabilities Act defines a disability as “a physical or mental impairment that substantially limits one or more life activities”. In 2008, that definition was expanded to include any condition that is “episodic or in remission… if it would substantially limit a major life activity when active.”
The attorney representing Shannon Knudsen is Eric Updegraff. He said that the Appeals Court’s decision is a victory for anyone with epilepsy, severe allergies, or other serious medical conditions that periodically flare up. He said:
Disabilities like severe allergies or epilepsy carry with them a stigma for people who are running day cares or employing people.
It’s fair to say employers and day cares will allow concerns about somebody’s condition to prevent them from treating that person fairly, and giving them the same access to accommodations that everyone else is entitled to.
The case now will go back to the district court. The lower court will have to decide whether or not the child’s allergies “limit major life activity”.
There was a dissenting opinion at the Appeals Court. Judge Gayle Vogel said that the child’s allergy is not protected by the Iowa Civil Rights Act. This has nothing to do with the seriousness of the allergy itself. It is because the Iowa Legislature has not updated the state’s disability rules to mirror the federal protections.
Image by Brian Turner on Flickr