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DES MOINES (AP) — A child's tree nut allergy is a protected disability, an Iowa appeals court ruled Wednesday in a decision that could set up a legal challenge over whether a day care facility discriminated against the child when it refused to accept her.
In a 2-1 ruling, the Court of Appeals said the allergy is a protected disability under the Iowa Civil Rights Act, as well as an episodic impairment under the Americans With Disabilities Act. The appeals court did not rule on whether the day care actually discriminated against the child — an issue that would be decided by the district court that originally heard the case. . . .