Thursday, January 26, 2012

Latex Allergy Must Be Accommodated By Preschool

In a 5-2 decision, the Maryland Court of Appeals reversed the Court of Special Appeals and found that a parent who suffered from an allergy to latex was discriminated against by her child's preschool for its failure to accommodate her condition by refusing to use non-latex products in its diaper changing of the child. The school responded by asking her to withdraw the child. The court held that the condition was a handicap that the school had not reasonably accommodated.

The dissent agrees that parenting is a "major life activity" but questions the "reasonable accommodation" analysis of the majority. The dissent also suggests that the court majority has failed to consider the potential broad impact of this decision. (Mike Frisch)

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