The Food Allergy Generation Goes to Work

The number of children with a food allergy has doubled over the past two decades, affecting an estimated 5.6 million children. This food allergy generation is growing up and joining the workforce. The percentage of the workforce with a food allergy is thus bound to rapidly increase as well. But work can be a dangerous place for people with a food allergy. Food is often present at work—at mealtimes, in break rooms and other shared spaces, at office celebrations and holiday parties, when traveling or entertaining clients, or as a direct part of jobs in places such as restaurants. Allergic employees can face danger when their allergen is merely present in these circumstances, and the threat can be serious, even deadly.

     Will the employment of the food allergy generation lead to a wave of workplace legal problems? Very few judicial rulings exist regarding food allergy at work, but a deeper dive into news reports and personal accounts and into court documents in more than forty pending and settled cases reveals a myriad of complaints and disputes. Food allergy can qualify as a disability under federal and analog state and local disability laws. This Article identifies and categorizes the types of disability-related legal issues that are arising as the food allergy generation goes to work. Naming and understanding the problem is a crucial first step to determining how to solve it.