Food allergies can be disruptive and life-threatening, but can they be classified as a disability under the law? The Americans with Disabilities Act (ADA) offers protections for people with disabilities. If your food allergy can be considered a disability, then you have rights under the law.

If you or your child is living with a food allergy, you’ll need to understand whether that allergy qualifies as a disability, as well as what businesses and public spaces are required to offer you and how to advocate for the services and accommodations you need.

Many Food Allergies Are Considered a Disability

Some people assume that ADA protections only apply to people who need wheelchairs, canes, or walkers. But the ADA, the same law that made wheelchair ramps and accessible bathrooms a requirement in 1990, also protects people with invisible disabilities like food allergies, diabetes, or autism.

The ADA defines a disability as any “physical or mental impairment that substantially limits one or more major life activities.” Under the law, “major life activities” is a broad category that can include working, reading, and learning, as well as bodily functions like eating, breathing, and digesting.

This means that food allergies are usually considered a disability under the ADA. The goal of the law is to make sure that people living with disabilities have the same opportunities to attend school, to work, and to enjoy their lives as others.

You Are Entitled to Protection With Food Allergies

Food allergies can certainly limit major life activities like going to work, attending school, and eating safely at a restaurant. Many people also report mental health impacts and stress from their food allergies. (Learn more about how to care for your mental health with food allergies.)

Parents of children with food allergies may be especially aware of how food allergies can complicate childhood events like birthday parties, field trips, or summer camp. But thanks to the ADA, you and your loved ones have a legal right to enjoy your everyday lives with your food allergies.

Protection From Discrimination

Under the law, businesses open to the public — like hotels, restaurants, day care centers, and gyms — must offer reasonable accommodations for your severe food allergy. If a school setting, workplace, government service, or public business refuses to accommodate a food allergy, their actions may violate your civil rights and could be discrimination.

People with food allergies can face discrimination in school, public places, or in the workplace.

“I’m attempting to find a job, and I never know when to tell an employer about my allergy. I’m scared that I won’t get hired because of it,” said one MyFoodAllergyTeam member. “I know that technically an employer can’t discriminate based on that, but it could make a difference in their initial judgment.”

Understanding that the ADA protects you is the first step in advocating for your rights.

Reasonable Accommodations

While sometimes discrimination may be intentional (like when someone is unwilling to provide the accommodations you need), it can also be unintentional. Someone might not understand what can trigger a severe allergic reaction, or how life-threatening one can be. Allergens like peanuts, wheat, corn, milk, soy, or citrus could be present at school or in the workplace — and could create unsafe situations.

One member of MyFoodAllergyTeam described how their colleagues’ actions have an impact on their daily ability to work: “Every day at work I am ‘locked out’ of our staff room due to someone bringing in citrus. That’s where our staff bathrooms are! Most of the staff is great about it, but sometimes staff will post ‘Citrus Warning’ signs on their doors and then leave their doors wide open. They don’t understand that all it takes is one smell for me to need my EpiPen.”

No matter whether you or your child is being discriminated against accidentally or on purpose, the law protects you.

With the 2008 ADA Amendments Act, the ADA considers a condition that only shows symptoms some of the time to be a disability. It does not exclude conditions that can be helped with a medical aid device, like medications or an epinephrine auto-injector. It is important to remember that you have rights.

“Asthma, allergies, and anaphylaxis are not a joke or something to be discriminated against. I have the right to work and breathe freely as well,” another member reiterated. If you or someone you love has been discriminated against based on your food allergy, you can file an ADA complaint online.

You Can Ask For the Accommodations You Need

Because a food allergy qualifies as a disability under the ADA, you are legally entitled to ask for and receive the accommodations you need. If your allergy prevents you from enjoying a space, good or service, or program, you can ask for changes that would help you participate.

The first step is to clearly ask for what you need. When asking for accommodations from work or school, asking in writing may be a good idea. Your reasonable requests could include asking for allergen-free zones at school or work, requesting to be excused from staff meals, or asking a restaurant to provide a safe, allergen-free meal.

School and Workplace Accommodations

For students at public schools, accommodations could become part of a 504 plan, also known as an IEP (individualized education program). This 504 plan ensures that your child’s allergies do not interfere with their education.

At work, the law says that your employer is required to accommodate you unless doing so would be very difficult or expensive.

MyFoodAllergyTeam members have had positive results from asking for the accommodations they need in the workplace. “I have a severe milk allergy and am so blessed. I have work accommodations so that three days a week I can work from home so it is easier for me to prepare meals and eat in a safe environment,” said one member.

Social Security Disability Benefits

You should be aware that what is considered a disability under the ADA differs from what’s needed to qualify for Social Security Disability (SSD) benefits from the government. To qualify for SSD benefits, you must be too disabled to work.

Food Allergy Advocacy Is Important

While fighting for your rights might not always be easy, it is important. Asking for what you need helps you, and it can also increase awareness in your community. When people like teachers, coworkers, servers, and bus drivers understand food allergies better, they can better help you — and others — stay safe and enjoy day-to-day life.

MyFoodAllergyTeam members have done many kinds of outreach in their communities. They’ve spread awareness at school events, interviewed with the local news, and celebrated Food Allergy Awareness Week each May. Organizations like the Asthma and Allergy Foundation of America and FARE (Food Allergy Research & Education) exist to help. They offer resources to get involved like tool kits, policy platforms, and educational events.

For more information on how to manage your food allergy, speak with your health care team. Your doctor can offer you tips and advice to help make sure your food allergies don’t stand in the way of living your life to the fullest.

Talk With Others Who Understand

MyFoodAllergyTeam is the social network for people with food allergies and their loved ones. On MyFoodAllergyTeam, more than 41,000 members come together to ask questions, give advice, and share their stories with others who understand life with food allergies.

Are you living with food allergies? Do you need advice about asking for the accommodations you need? Share your experience in the comments below, or start a conversation by posting on your Activities page.