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Child’s Nut Allergy Declared Disability by Iowa Court

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Is a child's nut allergy a disability? An Iowa court says yes.
Is a child’s nut allergy a disability? An Iowa court says yes.

An Iowa woman sued a day care center for not accepting her child because of the extra care and liability surrounding the child’s nut allergy.

A district court in Iowa said the child is not protected under the state’s civil rights act, but the Iowa Court of Appeals says the allergy is a disability, which means the day care center discriminated against a family with special needs.

The suit details

Shannon Knudsen sued Tiger Tots Community Care Center when her child wasn’t accepted because of the additional care needed to handle her child’s tree nut allergy.

The suit has gone on for several months, but the recent decision by the appeals courts is a new coupe for the family.

The mother’s attorney, Eric UpDegraff of Des Moines, views the decision as a victory for anyone with a medical condition that can flare-up.

“Disabilities like severe allergies or epilepsy carry with them a stigma for people who are running day cares or employing people,” UpDegraff tells DesMoines Register. “It’s fair to say employers and day cares will allow their 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 Mother’s Reaction To the Ruling

Knudsen says this ruling will make a difference in the lives of many children.

Allergies effect millions of people, but should a day care facility be forced to take children with allergies?
Allergies effect millions of people, but should a day care facility be forced to take children with allergies?

“I hope that it is known that this is a huge impact for the entire state of Iowa. I mean, anybody who, child care, schools, work, where ever you are, you would hate to be told you lost your job today or can’t attend school because you have an allergy,” Knudson told KCCI in Iowa.

Day Care Denies Discrimination

The attorney for Tiger Tots Community Care Center denies any discrimination.  The attorney said the business couldn’t meet the mother’s strict demands for care, according to KCCI.

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