![]() Chang's argues that the plaintiff must allege that she actually inherited characteristics known to cause disease under the second prong of the "medical condition" definition.Īt stake in the lawsuit is whether or not P.F. In her amended complaint, Phillips also claims that celiac disease is an "inheritable and hence genetic characteristic." The law specifically outlaws discrimination based on sex, race, color, religion, ancestry, national origin, age, disability, medical condition, marital status or sexual orientation. In his order last month, Whyte concluded that Phillips, in her new complaint, pled sufficient facts to claim that the immune reaction to eating gluten meets the definition of a "medical condition" under the state's Unruh Act for people with celiac disease. Basically, the outcome of the move to dismiss hinges on whether or not celiac disease constitutes a disability under the state's Unruh Act. ![]() District Court for the Northern District of California. Chang's then successfully moved the case to U.S. Chang's in a California state court last December. "The court notes that on a more complete factual record, the court might reach a different conclusion." "However, accepting the additional detail in the FAC (first amended complaint) about the consequences of ingesting or being exposed to gluten, which plaintiff must guard against, plaintiff has pled sufficient facts to support her claim that she has a disability that impacts a major life activity. "Neither party has cited, and the court has not found, any case specifically discussing whether celiac disease constitutes a disability under the ADA (Americans with Disabilities Act) or Unruh Act," Whyte wrote in his 13-page ruling. 23 order denied the company's motion to dismiss plaintiff Anna Marie Phillips' first amended complaint. ![]() Chang's for allegedly charging more for gluten-free menu items can continue. That means a class action lawsuit against P.F. Chang's over its gluten-free menu won't be dismissed just yet. Chang's Asian Bistro discriminate against people with celiac disease by charging more for gluten-free dishes than for their non-gluten-free counterparts? A complaint filed in federal court says it does, and a ruling by a federal judge means that the lawsuit against P.F. Chang’s China Bistro gluten-free menu.Caption: P.F Chang continues to seek the dismissal of a lawsuit claiming that they discriminate by charging more for gluten-free food. This dessert may look small, but the rich flavor makes it more than enough for one, and maybe more than enough for two! If you do share, be sure to cut it in half and avoid eating after someone who has not been gluten-free at the meal. It is terrible to contaminate your own meal with the shared dessert at the end! The sour sauce is a great compliment to the sweetness of the chocolate fudge. The dish is garnished with berries and raspberry sauce. It is more like a rich, sweet fudge mold. The dome is served chilled, and is a flourless, almost fudge-like dessert, with no cake-like texture. The chocolate dome is a fantastic dessert unique to P.F. This is just another way to be sure you are getting the safe, gluten-free version of the dish you have ordered. Gluten-free meals are served on these dishes with the P.F. The “regular” or gluten-filled dishes are served on plain white dishes. This dish is actually naturally gluten-free, meaning it is always gluten-free, even on the regular menu! (I order it with broccoli, it does not normally come with broccoli). The chicken is lightly dusted with gluten-free flour and fried. ![]() The sauce is mild and flavorful, with a light spice and sweet note. The noodles are a great treat for celiacs who are used to skipping noodles at commercial restaurants. The Singapore Street Noodles is a great dish, made with thin, gluten-free rice noodles, chicken, and shrimp. Chang’s has gluten-free soy sauce for dishes like these, and for the table, so you can add it to your favorite dishes as you wish. This dish is a great reminder of the days with traditional Chinese food before gluten was something to worry about. The veggies are a nice addition, as are the fried egg pieces. Like most Chinese restaurants, fried rice can be ordered with your choice of meat. Fried rice is a new addition to the gluten-free menu at P.F.
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