Lawsuit Investigation: Is Chick-fil-A Discriminating Against Customers Who Need Gluten-Free Buns?

Attorneys working with ClassAction.org are investigating whether a class action lawsuit can be filed on behalf of Chick-fil-A customers who had to pay extra for needing gluten-free buns for their sandwiches.

Specifically, they’re looking into whether the fast-food company is illegally discriminating against customers with celiac disease, wheat allergies or gluten intolerance by levying a considerable surcharge—about $1.70 at some locations—for gluten-free buns. The attorneys believe the upcharge may not be in line with how much the buns actually cost and that Chick-fil-A may be profiting off those who avoid gluten out of medical necessity.

Why Might a Gluten-Free Surcharge Constitute Discrimination?

Attorneys believe that people with celiac disease, wheat allergies or gluten intolerance are protected under the Americans with Disabilities Act (ADA), a federal civil rights law that prohibits discrimination against people with disabilities.

Within the meaning of the ADA, a disability is a physical or mental impairment that “substantially limits” major life activities, such as eating, and major bodily functions, including digestion.

Importantly, the ADA states that restaurants, stores and other places of public accommodation cannot impose a surcharge on individuals with disabilities to cover the costs of measures required to provide them with nondiscriminatory treatment.

Attorneys believe that Chick-fil-A’s surcharge for gluten-free buns may be both illegal and unnecessarily high, as the actual cost of the product is nowhere near the $1.00-plus per-sandwich upcharge.

In the same vein, Starbucks and Dunkin have already been hit with lawsuits claiming that the coffee chains violated the ADA and discriminated against customers with lactose intolerance or milk allergies by charging them an excessive surcharge to add non-dairy milk to their drinks.

How Could a Lawsuit Help?

A class action lawsuit could help customers with celiac disease, wheat allergies or gluten intolerance get back some of the extra money they’ve had to pay for sandwiches with gluten-free buns. A lawsuit could also force Chick-fil-A to drop the surcharge.

After you get in touch, an attorney or legal representative may reach out to you directly to explain how you may be able to help get a class action started. It costs nothing to speak with someone, and you’re not obligated to take legal action if you don’t want to.

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