How to tackle an employee food allergy

Q: We have an employee with a severe food allergy. Can we ask all employees to refrain from bringing the specific food into the workplace? Should we ask the employee for a doctor’s note to verify the allergy?

Generally speaking, nothing prevents you from asking employees not to bring a specific food into the workplace. In fact, if the allergy is severe enough to qualify as a disability under the Americans with Disabilities Act (ADA), meaning it “substantially limits one or more major life activities,” then preventing the food from being brought into the workplace would likely be a reasonable accommodation, which you’d be required to provide to the employee if it wouldn’t create an undue hardship.

If the allergy is severe enough to be treated as a disability under the ADA and the employee requests a reasonable accommodation, you may request a doctor’s note to verify the allergy because, when the need for an accommodation isn’t obvious, you can require documentation before providing one.

If the allergy doesn’t qualify as a disability under the ADA, you can ask about it freely, though it would be wise to treat the individual as though they’re protected by the ADA.

Hannah L. Wurgaft is an attorney with Brann & Isaacson in Lewiston, Maine. She can be reached at 207-786-3566 or hwurgaft@brannlaw.com.