privacy religion food state-university public-health
Public Institution Food Services: Do nonreligious students without severe allergies have a right to gluten-free/kosher/halal options? (California)
<p>To what extent may a public institution which offers meals for religious convention or for dietary restrictions (kosher/halal/gluten-free) deny other students these meal options?</p>
<p>If a student requests access to an existing kosher/halal meal option, do they have the right to ask or to demand their religious background?</p>
<p>If the student answers that they are not muslim or Jewish, do they lose their to access to such foods? What if they say they are not muslim or Jewish but still follow halal/kosher convention?</p>
<p>If the student discloses that they are not muslim to an employee of the state university or other public institution, would it be illegal for that employee to disclose that fact to other employees without permission?</p>
<p>With respect to nonreligious reasons for dietary restrictions, how severe must a food intolerance be to warrant access to food reserved for individuals with particular dietary restrictions, assuming state education institutions have a right to restrict these options? For example, if one were to follow a food elimination diet to conclude which foods are most conducive to healthy bowel movements, mental acuity, and physical health, would this be sufficient for access to previously existing food options for individuals with dietary restrictions?</p>
<p>The student pays for the dining services. By public institution, let's say: a state college or university.</p>
<p>It's unclear whether there is a scarcity of such food options. There is a form for requesting such food, which does not ask for proof of religion. Nevertheless, one may walk in and request the, for example, halal meal option and the chef will make it without question. The dietary supervisor approves a list of students with serious allergies and may also tell a chef not to serve the halal/kosher meal option to a student they suspect is not muslim/jewish.</p>

<p>Under the <a href="https://www.govinfo.gov/content/pkg/STATUTE-78/pdf/STATUTE-78-Pg241.pdf" rel="nofollow noreferrer">Civil Rights Act of 1964</a>, title IV, public education must be &quot;desegregated&quot;, which means that students are assigned &quot;without regard to their race, color, religion, or national origin&quot;. According to the <a href="https://www.justice.gov/crt/types-educational-opportunities-discrimination" rel="nofollow noreferrer">Department of Justice</a>,</p>
<blockquote>
<p>Title IV of the Civil Rights Act of 1964 authorizes the Attorney
General to address certain equal protection violations based on
religion, among other bases, in public schools and institutions of
higher education. The Educational Opportunities Section works to
ensure that all persons regardless of their religion are provided
equal educational opportunities. The Section's work includes
addressing discrimination and harassment on the basis of religion, and
spans all religious affiliations.</p>
</blockquote>
<p>There is a list of religion cases, the vast majority of which also involve First Amendment issues (unlawful prohibition of religious expression). There seems to be no case law to suggest that an institution must make religious accommodations for meals, and also no law that prohibits discriminating against those who <em>cannot</em> claim a religious accommodation basis for special meals. In other words, the school can set its own policy in this regard.</p>
<p>There are USDA regulations <a href="https://www.ecfr.gov/current/title-7/subtitle-B/chapter-II/subchapter-A/part-210" rel="nofollow noreferrer">7 CFR Part 210</a> that relate to the School Lunch program which applies to high school and below, and which includes guidelines for <a href="https://www.fns.usda.gov/cn/variations-in-meal-requirements-for-religious-reasons" rel="nofollow noreferrer">religious variants</a>, but this program does not exist for universities.</p>
