Court Finds Child Care Center Discriminated Against Toddler with Food Allergies

In a recent ruling by the Workplace Relations Commission, an Irish childcare center was ordered to pay €3,000 ($3,200) in compensation after it was found to have discriminated against a toddler with newly diagnosed peanut and tree nut allergies. The creche, or nursery, had refused to continue providing care for the child after her parents informed them of her condition, a decision the Commission determined was a breach of the Equal Status Act 2000 on the grounds of disability. The identities of the parties involved were kept anonymous because the child is a minor.

The toddler, who had been attending the creche happily since she was 18 months old, was diagnosed with an allergy to peanuts, pistachio, and cashew nuts after having an allergic reaction to a cookie at home. To manage her condition, she was required to have a pair of epinephrine auto-injectors with her at all times. When her father informed the creche of her diagnosis and the need for the auto-injectors, one of the owners allegedly told him that “under no circumstances would EpiPens be allowed in the creche” and that the child would have to leave immediately.

The owners of the creche argued that their decision was based on their inability to guarantee the child’s safety in a large facility and the risk of other children bringing nuts into the building. They advised the parents to find a smaller creche that could better manage the child’s needs and gave them up to two weeks to find an alternative. This stance was taken despite the creche’s own policy which allowed auto-injectors under certain conditions. The parents were shocked and recounted the difficulty they had in finding a new childcare spot, which also resulted in lost wages.

The creche’s owners also cited a tragic incident from several years prior, where an infant had died at the facility, as a reason for their heightened concern. They claimed they were not prepared to take responsibility for a child with a severe nut allergy and said they were worried about the girl’s health due to other sensitivities and a previous bout of pneumonia. They also complained that the parents had not provided them with medical information about the allergy when the child first returned after her diagnosis.

While the Workplace Relations Commission acknowledged the creche owners’ genuine concern for the child’s safety and the trauma they experienced from the previous death, it ultimately found their actions to be discriminatory. The adjudication officer, Davnet O’Driscoll, stated that information about the child’s medical condition should have been provided in advance, which would have allowed the creche to consider the situation and contact their insurers.

However, the officer did not accept the creche’s defense that it could not have kept the child safe. The ruling highlighted that the creche had a prima facie case of discrimination by failing to provide “reasonable accommodation” for the child’s disability. This legal term refers to any modification or adjustment to a job, work environment, or in this case, a service, that enables a qualified person with a disability to perform or have access to that service.

Ultimately, the creche was ordered to pay the child €3,000 for the distress and effects of the discrimination. This case underscores the legal obligation of childcare providers to make reasonable accommodations for children with disabilities, even when genuine concerns for safety are present. It sends a clear message that a child’s health condition cannot be a reason to refuse them care without first exploring all possible options for safe accommodation.

Remember, the Americans with Disabilities Act (ADA) guarantees access to public accommodations, which applies to private businesses and non-profit organizations that serve the public, such as restaurants, hotels, retail stores, movie theaters, doctors’ offices, and schools. These entities are required to make reasonable modifications to their policies and practices and to remove barriers in existing buildings where it is easily achievable.