Dermatitis Herpetiformis Workplace Rights: What Employees Need to Know

Oct, 6 2025

Key Takeaways

• Dermatitis Herpetiformis (DH) is a skin manifestation of celiac disease that can affect daily work life.
• New Zealand’s Disability Discrimination Act and Health and Safety at Work Act protect your right to reasonable accommodation.
• Documented medical evidence and clear communication are the backbone of a successful accommodation request.
• If an employer refuses reasonable adjustments, you can lodge a complaint with the Human Rights Commission or the Employment Relations Authority.
• Support groups, the Celiac Society, and occupational health services offer practical help and legal guidance.

When it comes to skin health at work, Dermatitis Herpetiformis is a chronic, itchy skin condition linked to celiac disease, triggered by gluten exposure. The rash often appears on elbows, knees, and the buttocks, and the intense itching can make a regular shift feel unbearable. Knowing your legal protections turns a frustrating medical issue into a manageable workplace situation.

What Is Dermatitis Herpetiformis?

Dermatitis Herpetiformis (DH) is an autoimmune skin disease. The body produces antibodies that attack a protein called transglutaminase in the skin, leading to tiny blisters and a burning itch. Most people with DH also have celiac disease, meaning their immune system reacts to gluten - a protein found in wheat, barley, and rye.

Typical signs include:

• Clusters of small, raised bumps that look like hives
• Intense itching that worsens at night
• Burning or stinging sensations
• Lesions that may crust over if scratched

Diagnosis relies on a skin biopsy and blood tests for anti‑tissue transglutaminase antibodies. The only proven treatment is a strict, lifelong gluten‑free diet, often paired with dapsone medication to control itching during the adjustment period.

How DH Impacts Your Workday

Even though DH doesn’t affect internal organs, the visible rash and constant itch can interfere with productivity, especially in physically demanding jobs or roles that require clean‑room attire. Common workplace challenges include:

1. Difficulty concentrating when itching flares up.
2. Need for frequent breaks to apply topical creams or change contaminated clothing.
3. Potential exposure to gluten‑containing dust in food‑processing or catering environments.
4. Embarrassment or stigma from coworkers who mistake the rash for a contagious infection.

Understanding these hurdles helps you explain why accommodations are not a “nice‑to‑have” perk but a legal necessity.

Legal Framework Protecting Employees in New Zealand

Two pieces of legislation form the backbone of your rights:

• Disability Discrimination Act 2002 - makes it unlawful for an employer to discriminate against a person because of a disability, which includes chronic skin conditions that substantially limit major life activities.
• Health and Safety at Work Act 2015 - obliges employers to provide a safe work environment, which covers managing known health risks such as DH flare‑ups.

Both Acts require "reasonable accommodation" - adjustments that are practicable and proportionate to the employee’s needs without causing undue hardship to the business.

What Counts as Reasonable Accommodation?

Reasonable adjustments are tailored to the individual’s symptoms and the nature of the job. Common examples for DH include:

• Providing a gluten‑free break‑room or allowing you to store personal gluten‑free meals.
• Adjusting uniform policy so you can wear breathable, non‑irritating fabrics.
• Allowing extra short breaks to apply medicated creams or change contaminated clothing.
• Offering a flexible start time on days when a flare‑up is predicted (e.g., after a weekend of accidental gluten exposure).
• Assigning you to a workstation away from high‑gluten dust or food‑spillage zones.

Employers are not required to make changes that would pose a direct safety risk or impose excessive cost, but most adjustments for DH are low‑cost and easy to implement.

Gathering the Right Documentation

Documentation bridges the gap between medical need and workplace action. Here’s what you’ll typically need:

1. Medical Certificate: A doctor’s note confirming your DH diagnosis, describing typical symptoms, and recommending specific accommodations.
2. Allergy/Gluten‑Free Diet Plan: Outlines the necessity of a strict gluten‑free diet and any food‑handling restrictions.
3. Occupational Health Report (optional): An assessment by an occupational health specialist linking your condition to workplace hazards.

New Zealand privacy law (Privacy Act 2020) protects the confidentiality of your health information. You can request that only the relevant parts of a medical report be shared with HR, keeping unrelated details private.

Step‑by‑Step: How to Request an Accommodation

1. Self‑Assessment: List the tasks that trigger your symptoms and the accommodations you think would help.
2. Gather Documentation as outlined above.
3. Write a Formal Request: Use clear language, cite the Disability Discrimination Act, and attach supporting documents.
4. Submit to HR: Keep a copy for your records and request a written acknowledgment.
5. Follow‑Up Meeting: Discuss practical implementation, timelines, and any trial periods.
6. Monitor & Review: After a few weeks, evaluate whether the adjustments are effective and propose tweaks if needed.

Having the request in writing creates a paper trail, which is useful if the issue later escalates.

When an Employer Says No

If your request is denied, you have several avenues:

• Internal Appeal: Ask for a review by a senior manager or an independent HR officer.
• Human Rights Commission: File a complaint under the Disability Discrimination Act. The Commission can mediate and, if successful, order the employer to make the accommodation.
• Employment Relations Authority: For unresolved disputes, you can take the case to the ERA, which may order compensation or reinstatement of duties.
• Legal Counsel: A Labour Lawyer can advise on potential claims for unlawful discrimination.

Remember, retaliation for requesting accommodation is illegal. If you face negative treatment after filing a request, document every incident and report it immediately.

Practical Tips to Reduce Flare‑Ups at Work

• Keep a spare set of work clothes stored in a locker to change into if your uniform becomes contaminated.
• Carry a small bottle of hypoallergenic moisturizer to keep skin barrier intact.
• Ask a coworker to help monitor kitchen areas for hidden gluten sources (e.g., soy sauce, flour dust).
• Use a personal protective headset or visor if you’re in a dusty environment, as it reduces skin exposure.
• Schedule regular check‑ins with your occupational health provider to adjust your accommodation plan as needed.

Resources and Support Networks

Feeling isolated can make DH feel worse. Below are reputable resources you can tap into:

• Celiac Society of NewZealand: Offers dietary guides, a gluten‑free restaurant directory, and a peer‑support forum.
• WorkSafe NewZealand: Provides guidelines on managing chronic health conditions in the workplace.
• Human Rights Commission: Free advisory service for disability discrimination queries.
• Occupational Health Services: Many insurers provide on‑site assessments for chronic skin conditions.
• Legal Aid: For low‑income workers, legal aid can cover part of a discrimination claim.

Connecting with these groups not only gives you practical tips but also shows employers that you’re proactive about managing your condition.

Table: Employee Rights vs. Employer Obligations

Conclusion

Living with Dermatitis Herpetiformis doesn’t have to ruin your career. By knowing the legal protections, preparing solid documentation, and communicating clearly with your employer, you can secure the adjustments you need to stay productive and comfortable at work. If obstacles arise, remember that the Disability Discrimination Act and the Health and Safety at Work Act back you up - you’re not alone.

Dermatitis Herpetiformis workplace rights empower you to stay healthy at work while protecting your job. Take the first step today: talk to your doctor, gather the paperwork, and start the conversation with your HR team.