Frank C. Morris, Jr., Member of the Firm in the Litigation, Employee Benefits & Executive Compensation, and Employment, Labor & Workforce Management practices, in the firm’s Washington, DC, office, was quoted in the Bloomberg Law Daily Labor Report, in “Food Allergies as Workplace Disability Issue Primed to Expand,” by Robert Iafolla. (Read the full version – subscription required.)
Following is an excerpt:
While Americans with Disabilities Act lawsuits related to food allergies have been rare, a generational boom in those conditions creates the potential for growth in the frequency of workplace disputes that trigger litigation.
Food allergies impact tens of millions of Americans—including nearly 7% of working-age adults, according to the Centers for Disease Control and Prevention. Some conditions are so sensitive that just being around a particular food can trigger a reaction.
The prevalence of food allergies among children jumped by 50% from 1997 to 2011, the CDC found. …
Employer Options …
When it comes to accommodations, the ADA puts the onus on workers to reach out to employers and inform them that they have disabilities that might require particular attention. The law also limits employers’ latitude to ask disability-related questions to when they’re job-related and consistent with a business necessity. …
Generally speaking, though, companies should refrain from asking workers whether they have disabilities, said Frank Morris, a management-side attorney at Epstein Becker & Green PC. If an employer makes those inquires and then later takes an adverse action against the worker, it could create an impression of a connection that makes it easier for the worker to make a disability bias claim, he said.
