6 replies to this topic

[Nondorf]

I have a nut allergy. I have now had a reaction due to nuts being brought in. I live in michigan. Is there any law to protect me at work?

[pg1067]

I suppose that depends on whether you work at a food processing plant in which products are made with nuts or, e.g., in an office where the only nuts (aside from your co-workers themselves) might be in jars or bags in your co-workers' desks or a vending machine.  If the latter, you cannot prevent others from enjoying certain foods simply because you are allergic.

[Tax_Counsel]

pg1067 said...

I suppose that depends on whether you work at a food processing plant in
which products are made with nuts or, e.g., in an office where the only
nuts (aside from your co-workers themselves) might be in jars or bags
in your co-workers' desks or a vending machine.  If the latter, you
cannot prevent others from enjoying certain foods simply because you are
allergic.

I disagree. A food allergy may qualify as a disability under the Americans with Disabilities Act (ADA) after the amendments Congress made in 2008 to broaden the scope of protection of the ADA (enacted because of dissatisfaction over court cases that were interpreting the ADA rather narrowly). In that case, the employee could request a reasonable accommodation to prevent his exposure to the nuts. A reasonable accommodation might be a rule by the employer banning all employees in the disable employee's workplace from bringing in nuts.

[Nondorf]

I am not trying to stop co_workers from emjoying food. They bad a pot luck and brought in a tin of nuts. I had a bad reaction either airborne or someone eating the nuts touched something that I then touched. Is there any law in place to protect me. I dont think the answer is for me to have to use
my epi pen or be pit on steroids this could be lifr threatening for me. Everytime I have a reaction iy gets worse. Michigan


[This post has been moved to the appropriate discussion. - Moderator]

[pg1067]

Not sure why you started a new thread.  You got two rather different responses to your original question.  I suggest you consult with a local employment law attorney.

[Fallen]

I'm sorry, but there won't be any way for the employer to address this in terms of you having such a severe allergy.  You don't bother to indicate whether you've let everyone know of it, what other incidents have occurred outside this pot luck party situation, and what steps you take to protect yourself (like knowing that stuff happens and not touching that you don't bring in yourself -- esp. in a pot luck situation).  Even if the employer tells folks they have to avoid bringing in anything to do with nuts, stuff happens.  I don't see any viable ADA-related case here.

[Fallen]

You also say *a* reaction, so ... I think it's worthwhile to ask you to be reasonable.