Are Accommodations for Allergies a Human Right?

[Boges]

http://news.nationalpost.com/2014/01/13/school-faces-human-rights-complaint-over-students-egg-dairy-allergy/

A Hamilton, Ont., mother has filed a human rights complaint against her daughter’s elementary school, claiming it discriminated against the six-year-old for failing to accommodate her life-threatening allergy to eggs and dairy.

The case, which seeks to ban milk products and eggs from her daughter’s school, comes at a tense time for parents and school boards struggling to meet the safety needs of some students without putting out the rest, and as the Ontario Human Rights Code expands to include “invisible” disabilities.

Last September, Lynne Glover pulled her daughter, Elodie, out of Grade 1 at Holy Name of Jesus Catholic Elementary School after more than two years of trying to work with staff on a strategy that would keep allergens away from her daughter.

What's this mom going to do when her daughter gets a real job? I can sort of understand removing nuts from an environment because that allergy seems to becoming more common. Though I just enjoyed some mixed nuts for a snack at work without being chastised by my HR department.

But to remove dairy from an environment? I would classify that as an unreasonable request. No Pizza Days? No Milk Programs? No Cheese Sandwiches?

The onus should be on the person suffering from the allergy to try and ensure they don't encounter the substance that makes them allergic.

Should this case be won by this mother, a horrible precedent will be set.

Edited January 14, 2014 by Boges

[guyser]

From what I could glean on this, the moms final straw was the kids Teacher who made popcorn slathered in butter.

The kid was wheezing bad and had to leave.

Ignorance or vindictiveness, dont really know, but I would bet most parents would be mightily pissed at that teacher and do something.

[TimG]

From what I could glean on this, the moms final straw was the kids Teacher who made popcorn slathered in butter.

She basically wants all food related activities to be stopped in order to pander to her child:

While she was assured the school would do everything it took to keep Elodie safe, the school continued to run its milk and snack program, which handed out puddings, yogurts and cheese, and hold bake sales and pizza days. She was excluded from many a fun day and BBQ. While students ate chocolates on Valentine’s Day, Elodie’s cards went straight into recycling for fear of contamination. Elodie was also “segregated” at lunch and snack time in kindergarten, and put at risk in Grade 1 when she had to sit at a separate table in the classroom while her classmates ate their cheese sandwiches and drank their milk. When Elodie came home from school one day with watery eyes and shortness of breath, Ms. Glover said it was because her daughter’s teacher had been eating buttered popcorn

http://news.nationalpost.com/2014/01/13/school-faces-human-rights-complaint-over-students-egg-dairy-allergy/

Accommodation should have limits.

Edited January 14, 2014 by TimG

[The_Squid]

While it may seem unreasonable at first glance, this is probably the result of the school not working to try and help keep allergans away from the daughter. There are no other remedies remaining other than to elevate it and force it to become an issue.

From Tim's link: “They left me no choice but to file a claim to get them to the table because I wasn’t getting anywhere,”

What's this mom going to do when her daughter gets a real job?

The onus should be on the person suffering from the allergy to try and ensure they don't encounter the substance that makes them allergic.

You do realize that you are talking about a 6 year old child, correct?

Edited January 14, 2014 by The_Squid

[Boges]

You do realize that you are talking about a 6 year old child, correct?

Sure but even at 6 a parent should teach the child what she can and can't eat. I think the parent is trying ensure that the child is treated no differently than the other children, which is unreasonable.

From what I've heard these type of allergies are ones that create a reaction from consumption, unlike nuts where the smell can cause a reaction.

Edited January 14, 2014 by Boges

[guyser]

She basically wants all food related activities to be stopped in order to pander to her child:

Already peanut free to pander to other children .....so it will expand.

[Accountability Now]

From what I've heard these type of allergies are ones that create a reaction from consumption, unlike nuts where the smell can cause a reaction.

I was thinking the same thing but the quote above said she got sick when her teacher ate it.....thus implying that it was the smell, aroma or in other words...non consumption.

Having said this, I don't know what level schools or public facilities will get to as these allergies are not stopping anytime soon!

[Accountability Now]

Already peanut free to pander to other children .....so it will expand.

When it was one or two kids....yes that is pandering. The numbers are no longer low and the consquences are not just a sniffe or a cough...its death. I think you should consider what it would be like if your kid had a severe allergy and was foreced to face this every day.

Until we figure out what is causing this increase in allergies, we will have to pander.

[TimG]

Already peanut free to pander to other children .....so it will expand.

So you believe that all food should be removed from schools then? After all that is the only way to ensure that every child never encounters substances that they are allergic too?

[Accountability Now]

So you believe that all food should be removed from schools then? After all that is the only way to ensure that every child never encounters substances that they are allergic too?

I think its its like Bogues said...if the allergen affects people by just being in the same room (like peanuts do) then we may have to look at removing them. However, most other allergies (dairy, seafood, wheat, etc) are consumption allergies. Kids should be well educated on what they can and can't eat, thus removing the need to remove these foods.

[The_Squid]

So you believe that all food should be removed from schools then? After all that is the only way to ensure that every child never encounters substances that they are allergic too?

Why would you blow it out of all proportion?

It can be done on a case by case basis depending on the health needs of the child.

Clearly milk doesn't need to be banned in every school. In this particular school they will have to take steps to ensure the child's safety. It's not the end of milk as we know it... no need for hyperbole.

[guyser]

So you believe that all food should be removed from schools then?

[cybercoma]

If a child with severe allergies is required to be in that classroom, then it only makes sense that the school is required to protect her from potentially DYING.

[Guest]

I have to ask myself: If I knew it might kill a local six year old, would I eat buttered popcorn?

Ooooh, toughie...

[cybercoma]

I have to ask myself: If I knew it might kill a local six year old, would I eat buttered popcorn?

Ooooh, toughie...

Exactly.

[bush_cheney2004]

Who says the child is "required" to be in that classroom or school ? Why would the school even want to be exposed to such extra liability ? If this child is so easily at risk of dying from allergies, then different and safer accommodations should be made.

[eyeball]

I have to go with BC on this. We have separate schools for other handicapped kids that can't be accommodated in the public system for example.

How many other kids suffer from this level of sensitivity to allergens? I've heard it's a growing problem but I seem to get the sense that it's one of these modern conditions that cause unaffected people to often roll their eyes when they hear about them. I guess it's just a sign of the hard-assed tone of the times we live in.

[Moonlight Graham]

http://www.cbc.ca/news/canada/hamilton/news/student-allergy-prompts-human-rights-complaint-against-school-1.2496310

But it’s unlikely a school could completely get rid of dairy or egg products in the halls and on the playground, says Paul Keith, the president of the Canadian Society of Allergy and Clinical Immunology.

“These foods are extremely common, so it would be difficult for the school to ban those foods completely,” he says, adding that the onus has to be on the parent and the school to find a middle ground that works.

“You really have to work it out with compromise, talking and accommodation,” he says. “What they could do is develop a plan so that she isn’t exposed.”

sounds right.

[cybercoma]

The school and the parents need to work together. An outright ban doesn't teach the students the severity of the problem or the child with the allergies how to negotiate environments that contain the allergens. Having said that, the comments on CBC are extremely insensitive and the notion that the parent should just home school her kid is ridiculous at best. Home schooling is a considerable expense both in time and finances. Often times a parent has to give up a job if both of them work. Many people don't have the means to do this and children are required by law to be schooled. People just need to be a little more compassionate about those around them, instead of having this short-sighted and might I add anti-social view that everyone is out for themselves and the kid needs to take personal responsibility. Yes she does, but that doesn't mean we need to be spraying her classroom with allergens or pulling her from school. People just need to be a little more conscientious of others and the parents and children, including the one with the allergies, need to show a little responsibility.

[Argus]

When I was a kid, I was a very picky eater. If you took away peanut butter and dairy I would have to go without eating lunch every day.

[Bonam]

Apparently Microsoft thinks so:

[Boges]

Sweet they don't include Cumquats on that list.

[Remiel]

An adult workplace is not entirely analagous to a school. You might say that if anything a business should be less accommodating, since the individual with the allergy does not have to work there. But neither do any of the people who like oranges, and as private property Microsoft has latitude to restrict some things. With the allergic child, yes, they are expected to go to school: but so is every other child there who includes milk as a daily part of their diet.

Nuts are in a lot of things, but they are not an essential ingredient in nearly any of those things. Not so with dairy. To tell parents their children cannot bring dairy of any kind to school is, I think, a fairly serious imposition on their right to oversee their childs diet.

[GostHacked]

Who says the child is "required" to be in that classroom or school ? Why would the school even want to be exposed to such extra liability ? If this child is so easily at risk of dying from allergies, then different and safer accommodations should be made.

Truancy. You just try taking your kid out of school.

[GostHacked]

So why are nut allergies or allergies in general on the rise?

You might not be allergic to the peanut, but something that is genetically modified into it, like some other plant protein. Could be that our food is lacking in proper nutrition in order for the body to combat some allergies/illnesses. Could be the chemicals in our plastics causing our bodies to react different, could be vaccines weakening the immune system. Lots of variables, so instead of finding out why this is happening, let's just ban everything from school. Fun times.