Los Angeles, CA asked in Civil Rights for Colorado

Q: If I wanted to send my son to a day camp but they refuse him service because he has a nut allergy - is that allowed?

Is it discriminatory?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Civil Rights Lawyer
  • Sacramento, CA

A: Refusing service to someone because of a health condition, such as a nut allergy, can potentially be seen as discriminatory, especially if the refusal limits the person's access to public services or accommodations. In many jurisdictions, laws protect individuals from discrimination based on disability or health conditions. These laws typically require public services and accommodations to make reasonable adjustments to serve individuals with disabilities, including those with severe allergies.

However, the specifics can vary depending on the local laws and the nature of the service being provided. If the day camp argues that accommodating a child with a nut allergy poses a significant risk or undue burden, they might have a legal defense. It's important to understand the specific laws and regulations in your area that relate to disability rights and public accommodations.

Seeking advice from a legal advisor or a relevant government agency that handles discrimination claims can provide clarity on whether refusing service in this case constitutes discrimination. They can offer guidance on your rights and possible steps to take, such as filing a complaint or seeking accommodation through negotiation with the camp. Understanding your legal rights and the obligations of service providers is crucial in advocating for your son's inclusion in activities like day camp.

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