G L U T E N - F R E E
ARE YOU LEGALLY REQUIRED TO SERVE GLUTEN-FREE FOOD?
C A M P U S D I N I N G TO DAY
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While many colleges and universities are adopting gluten-free initiatives on a voluntary basis, a recent court settlement has operators wondering whether failing to offer such options or failing to offer them appropriately, could put them at risk for a lawsuit. In December 2012, the US Department of Justice (DOJ) announced a settlement with Lesley University regarding gluten-free and allergen-free options. The case stemmed from a series of complaints filed by students with celiac disease and food allergies. In the settlement, the Department of Justice deemed that the university was in violation of the Americans with Disabilities Act; as a result, the university agreed to pay $50,000 to the students and implement new provisions, such as making gluten-free and allergenfree options available at every mealtime and training the staff on gluten-free and allergenfree protocols. What does this mean for you and your team? The Lesley University settlement sets a precedent that may serve as an example in future lawsuits. At the same time, it is only legally binding to Lesley University. Therefore, your staff is not required to implement the procedures outlined in the agreement, but could consider it a model to follow, especially if your school requires students to be on a meal plan. The important thing to remember is that the DOJ confirmed that celiac disease and food allergies can be considered disabilities under the Americans with Disabilities Act. That means that your college or university should be supplying “reasonable accommodation” for students with these conditions. How you accommodate those needs can vary. Should you offer gluten-free and allergen-free options in one dining hall or every dining hall? Can students with special dietary needs be housed in dormitories with private kitchens? Students may request different kinds of accommodations, based on their needs and their doctor’s advice. Consider gathering a task force including the Office of Student Disabilities, Residence Life, and legal counsel to determine the best strategy for accommodating your students. For more information about gluten-free needs at college, visit www.CeliacCentral.org/ college References: Department of Justice. “Questions and Answers About the Lesley University Agreement and Potential Implications for Individuals with Food Allergies.” Accessed February 27, 2013 at http://www.ada.gov/q&a_lesley_university.htm.