Iowa Court Rules Tree Nut Allergy is a Disability

The Iowa Court of Appeals ruled Wednesday that a child’s tree nut allergy is a protected disability.

In a 2-1 majority, the court ruled that the allergy is protected under the Iowa Civil Rights Act as well as a 2008 amendment to the federal Americans with Disabilities Act intended to deal with episodic impairments such as epilepsy.

The ruling is the result of an appeal by Shannon Knudsen, who sued Tiger Tots Community Care Center in Madrid after the facility refused to accept her son due to staffing and liability concerns.

A decision whether the case will be appealed to the Iowa Supreme Court is expected shortly.

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3 COMMENTS

  1. I would please tell me if this law is in California also? I would like to know how to find out and who to go to in the process of helping my daughters rights with this allergy. thank you much!!

  2. My son has a peanut allergy and was given a butterfingers candy bar at school. He is 5 and didnt know it was made with peanuts. He spent 4 hours in the E.R. His school refuses to go nut free. What can I do to change the policy?

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