Posted On: March 2, 2010 by Schwartz & Perry

NEW YORK WOMAN CLAIMS SEVERE ALLERGY CONSTITUTES A DISABILITY UNDER THE ADA

A 22 year old former employee of Babies R Us is suing the company, alleging that it failed to accommodate her severe peanut allergy. Though she was originally hired to work in the furniture department, store management subsequently ordered her to work at the cash registers, where candy containing peanuts is sold.

Management ignored her concerns, and threatened to terminate her if she did not work the cash register. When a customer who was checking out began eating a candy containing peanuts, the employee was immediately sent to the emergency room in severe anaphylactic shock. Her reaction to peanuts is so severe, she states, “I’m not able to smell it, and if I do, I could die.” Her attorney states that her allergy is so severe that it falls under the protection of the Americans with Disabilities Act.

The original article containing this story can be found here

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