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PostPosted: Thu Jan 10, 2013 6:40 pm 
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Joined: Thu Dec 20, 2007 7:23 pm
Posts: 810
Location: Kingston
Quote:
The case involved Shannon Knudsen, 30, a mother who in May 2011 sued Tiger Tots Community Child Care Center in Madrid, Iowa, after the facility declined to accept her child because of the child's tree nut allergy.

A district court had ruled that the Iowa Civil Rights Act does not protect the child. The appeals court, however, said the lower court erred in not considering a 2008 amendment to the Americans With Disabilities Act that may protect the child from discrimination.


Quote:
The Americans With Disabilities Act defines a disability as a physical or mental impairment that "substantially limits one or more major life activities." That definition was expanded in 2008 to include any condition that is "episodic or in remission … if it would substantially limit a major life activity when active."

The appeals court said the lower court must now decide if the child's allergies limit major life activity.



http://www.usatoday.com/story/news/2013 ... s/1821999/

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