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Is This Discrimination Under ADA?

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  • Is This Discrimination Under ADA?

    A mom posted to FB that she needs a lawyer for a discrimination lawsuit. Her daughter has anxiety and vomits in new situations. At the age of five, she is in daycare for the first time, and is vomiting daily. Mom says it’s “just once” but doesn’t say how long it’s been happening. She procured a doctor’s note that says the girl vomits from anxiety, not illness. She has anxiety meds and anti-nausea meds as well. The diagnosis is social/separation anxiety. Daycare says she can no longer attend. Mom says it’s like kicking out a kick for having diabetes.
    Is “kicking her out” a violation of ADA? Or would we be required to hire staff to give her proper attention and prorate that cost across all of our fees to parents?

  • #2
    Once the child starts school then they'll have to do an IEP stating how they're going to handle the situation. As far as I know, daycares don't fall under IEP.

    Did it say whether or not it was a family daycare or center? I could see a center having the ability to do an IEP, with an IEP they may be able to get assistance from the state to accommodate the child.

    Wonder what Mom thinks they should do to accommodate her child?

    The child's five, so if I was forced to accommodate her, I would probably have to do some private quiet time upon arrival until she felt stable enough to join the group. At this time she would have a container where she could take care of business in. I would also put it in writing so the parent was aware that the child was quarantine upon arrival and make the parent sign.
    Good Bye


    • #3
      From my understanding her "condition" (anxiety) would be covered under the ADA if it is considered a disability. I am sure there are many other factors in this as each situation seems to be different and unique. My state has a fact sheet that helps providers understand these requirements and our responsibilities

      I would think it would have to be pretty severe to be considered a disability as disabilities usually qualify for some type of social security disability but not always.

      The parent would have to have the child's physician diagnose her with severe anxiety in which the condition causes significant limits to normal daily activities or if the condition limits cognitive thinking and/or body functions.

      So in this case, it really would depend on the actual diagnosis and treatment the child is receiving. Seems odd to me that a parent would insist a child attend child care if her condition is worsened by it. I mean, my husband is a Type 1 diabetic (covered under the ADA) but we would certainly never purposely put him in a situation that would cause a negative impact on his care/medical needs kwim?

      Child care and the ADA is a slippery slope


      • #4
        My goodness. So now vomiting should be protected?

        I can't even... I just can't.
        We have become a society of "me, me, me".


        • Springvalley
          Springvalley commented
          Editing a comment
          Snowmom, to be blunt that's a very rude comment. You don't know what the child is going through or how bad her anxiety is. Please think before you post

        • Snowmom
          Snowmom commented
          Editing a comment
          Right back at you Springvalley. This is EXACTLY what is wrong with our society. No, I don't need to know what the child is going through and I DON'T need to know how bad her anxiety is- that's her PARENT'S job to manage. Bullying people with legal action because they can't/won't deal with someone's bodily fluids is wrong... on so many levels. If you would feel comfortable doing that, yay for you. Forcing others to do it is wrong and possibly detrimental to their health (because the health of others matters JUST AS MUCH as the puking child's!!). But thanks for the "rude" comment. It's been awhile since I've gotten that.

      • #5
        I feel like vomiting is a health and safety risk to the other kids. You cant 100% know that she doesnt have an illness each day shes at daycare. The vomit is still full of germs even if its not a virus THAT day. What about when there is a virus stomach bug going around, she could have it and cant be in care spreading the germs…
        if anything I guess id make her stand at the toilet until she was done throwing up? Idk. If I was told this at an interview, i would have found a different reason why I couldnt enroll the child and never taken the chance.


        • PB&J
          PB&J commented
          Editing a comment
          I 100% agree with the reasons why we couldn’t take her, from a provider standpoint. Absolutely. I’m just wondering from a legal standpoint. Black cat made a good point that ADA protects DISABILITIES. Is a nervous stomach a disability?

        • Momboss
          Momboss commented
          Editing a comment
          I personally dont think so. If i were in that position i would consult with a lawyer and ask if im legally allowed to refuse care.

      • #6
        "Child care centers that are accepting new children are not required to accept children who would pose a direct threat (see question 8) or whose presence or necessary care would fundamentally alter the nature of the child care program."

        * I am sorry, but daily vomiting will place undue hardship on the maintenance of a sanitary classroom that supports the health and safety of my other clients and undermines the mandatory illness policy.
        Last edited by Cat Herder; 10-13-2021, 09:06 AM.


        • #7
          with all due respect, All of this is why providers have in the past few years had to re-vamp expulsion policies and extra funding is offered to providers who care of children with diagnosed disabilities....It is a slippery slope as BC said! This has made interviewing future clients even more tedious/stressful. I'm not MEAN as I have a diagnosed dcb5 on autism spectrum and have had him since he was 2. There is a limit, however, to whom I can accommodate so the slope is a tough place to be. IN defense of the original poster, I had a child throw-up this morning and sent him home.....I can't imagine doing this regularly. Cleaning and sanitizing and protecting the other children is hard enough as it is.


          • Cat Herder
            Cat Herder commented
            Editing a comment
            I have accommodated everything from body casts, feeding tubes, full care, breathing treatments, to massive wound care, post surgical and respite. If it can't be contained in a diaper and has no predictable pattern or viable treatment plan, I can't play. Thinking of the kid here, won't being humiliated and targeted by kids daily while she learns to cope add to her issues?? Nanny care and a CBT plan is what this child needs until she can better manage it on her own.

            If she got it down to weekly or less with known triggers I can work with, I do it in a heartbeat. I won't let anyone dump their untreated issue on me, though. This challenge was given to her parents, my children brought me other issues to grow from.
            Last edited by Cat Herder; 10-13-2021, 09:38 AM.