I am a licensed in home child care provider, one of my toddlers was diagnosed with a nut allergy (among many other things). I am not a nut free home, and will serve PBJ on occasion...my children love cashews and pistachios...and I bake for a side business and sometimes use nuts. I have accommodated for gluten free, vegan, and lactose free diets, but this one just won't be possible here. Can I let this child go because of it? I don't want to discriminate, but I am not able to provide a nut free environment in this home.

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I don't know if they could try to say it's discrimination but I would think if a child may not be safe it's in their best interest. I could never accept a child with peanut/tree nut allergies as I could never make my home safe for them.

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We've discussed this before on here and I know there are some great threads about it. (I'll try to find them) and I know family child care is included in ADA rules but there are some exceptions.

However, because you already have an established side business that includes nuts, you would NOT be discriminating if you did not keep this child.

You are NOT expected to make such accommodations that alter your financial well being and/or personal businesses in order to accommodate a child with an allergy.

Also because you can prove you have always served nuts (PNB) as part of your menu and have never declared yourself a peanut free home, you are NOT discriminating.

I would simply tell the family you are unable to accommodate his needs and keep him safe.... the family then has an obligation to do what is best for their child.

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