Kessler Matura P.C.
Call For A Free Consultation | Se Habla Español

Do protections exist for workers with severe food allergies?

Anyone who has young children in school is probably extremely aware that food allergies are common; food allergies are on the rise. Just as more and more kiddos seem to be allergic to food such as peanuts, there are more workers within the workforce that suffer from serious food allergies. 

What does that have to do with workers' rights and employment law? A lot. Employees who have serious allergic reactions to food should be able to feel safe while at work. Also, workers who become ill and unable to work because of food allergies can have protections under workers' compensation law.

With the obvious increase in the rate of people with food allergies, regulators made changes to the Americans with Disabilities Act in the past several years. Employees with severe, life-threatening reactions to foods should inform their employer about their medical condition. If there is a reasonable measure that the employer can take to protect its worker, he or she is expected to do so. 

Allergy accommodations might mean prohibiting certain foods from the office or specific shared areas. The worker with the allergy could be allowed to eat lunch at home or at his desk. Basically, if there is a way that is reasonable in terms of effort and cost to protect a worker from a food allergy incident, businesses can be required to provide that help.

The idea of an employer taking extra measures to help a worker, however, brings up anxiety regarding workplace discrimination, retaliation or wrongful termination. A worker who needs and therefore asks for special food allergy accommodations might worry that seeking special treatment could result in an annoyed employer.

Requesting reasonable accommodations for a health condition is a worker's right. It is also his or her right to do so without becoming the victim of a hostile work environment or wrongful termination. If you believe you were targeted by your employer because of a disability or perceived disability, an employment lawyer can evaluate your case. 

No Comments

Leave a comment
Comment Information
office building

Contact Us Today To Schedule A Free Consultation

Reach out to our office today to make an appointment to talk about your issue. Call 888-831-8615 or send us an email.

se habla espanol.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

email us for a response

Kessler Matura P.C.
534 Broadhollow Road
Suite 275
Melville, NY 11747

Toll Free: 888-831-8615
Fax: 631-499-9120
Melville Law Office Map

Email Us