Epilepsy Talk

Epilepsy, Employment and the Law | December 17, 2023

Here are some tips for interviewing, work and also your legal rights.

Disclosing Epilepsy with a Potential Employer

It’s not always necessary to discuss epilepsy with a potential employer.

Whether you do or not is up to you.

If you have excellent seizure control and the employer does not ask any health-related questions, there’s no reason to start talking about epilepsy unless you want to.

Under the Americans with Disabilities Act (ADA), employers may not ask any health-related questions until after they have offered you the job.

If you decide to talk about your epilepsy, or if you have to because of a legal question from the employer (after a job has been offered), explain that if one should occur, it will only last a very short time.

And always reassure how this condition actually affects your ability to perform in a job.

“I’ve had E since I was 21, and I never had any problems with it preventing me from getting a job for 30 years. The trick is don’t let the employer feel as though you think it’s an issue, and they won’t feel it’s an issue.” — David Osborne

On the down side; employers may discriminate because of the stigma associated with epilepsy, misconceptions about its medical and social aspects, unfounded fears of legal and medical liability and the misconception that people with epilepsy are not as productive as others.

But new laws have begun to change the landscape of employment opportunities for people with epilepsy and other disabilities.

Interestingly enough, some employers fear hiring people with epilepsy because they’re concerned about higher workplace insurance rates or believe that employees with epilepsy will use a lot of sick leave.

Workplace insurance rates, however, are determined by how hazardous the type of work is and by an employer’s overall claims record in the past, not by the physical condition of individual employees.

And if you choose to disclose at the time of hiring that you have epilepsy, an employer only may ask two questions: whether he/she needs a reasonable accommodation and if so, what type.

The employer also must keep any information an applicant discloses about their medical condition confidential.

Your particular seizures may not require any first aid or help. But if you might need assistance, you should work with your employer to create a plan of action.

How Should I Tell My Coworkers?

Here area few tips to follow when discussing your epilepsy:

1. It’s often a good idea to review first aid measures.Others need to know what happens during a seizure.

The explanation should be reassuring. It’s normal for them to be frightened when first seeing a seizure, so they should be told that the risk of serious injury is small and that the seizure doesn’t
cause pain.

2. They should know what is going to happen when you have a seizure such as how you may behave before, during and after the seizure, what they should and should not do if one occurs.

(Like not to stick anything in your mouth during a seizure, because the belief about swallowing your tongue is a myth. And they should not hold or restrain you, unless it is absolutely necessary for safety.)

3. You should tell them when to call for medical personnel or an ambulance, but it should be emphasized that this is rarely necessary for a person with epilepsy who has a single seizure.

4. Coworkers should also know that you should be left alone in a safe place and seem to be all right.

And if you do have a seizure, when you have fully recovered and returned to work, you should acknowledge what happened, thank the people who were helpful and ask if they have any questions.

(I chose to tell one person in each setting because I was in advertising at a highly visible job with lots of meetings, presentations and clients galore. And no, I didn’t tell the clients!)

“The thing is, being up front is important. Telling them you have E is important, but I would advise doing it after the job offer. Otherwise they may ‘go in a different direction’ because of it and have no fault.

Telling a potential employer has two advantages, one is that they are aware in the event that you have a seizure at work. The other benefit is that you can potentially get something from your doctor that says that if you are feeling ill or what have you, you can take off with no repercussions for you. Its called an intermittent leave of absence.

I had one at a call center before and had to take off at least once a week…but at another job they wouldn’t hear of it. That was my experiences though.” — Nickolas Doty

What Are My Legal Rights?

1. Unfortunately, sometimes it’s necessary to take legal action to keep a job.

The Americans with Disabilities Act (ADA) prohibits discrimination in the workplace based on a person’s disability if the person is capable of performing the essential duties of the job.

2. Reassignment may be necessary where an employee with epilepsy can no longer perform his job, with or without reasonable accommodation, unless the employer can show that it would be an undue hardship.

The new position should be equal in pay and status to the employee’s original position, or as close as possible if no equivalent position is available.

The new position doesn’t have to be a promotion, although the employee should have the right to compete for promotions just like other employees.

3. If you feel that you’ve been fired or demoted because of your epilepsy (and your company’s Human Resources Department is not able to help), think about seeing a lawyer.

In many places, this kind of legal assistance is available at low-cost.

4. Your first step should be to become informed about the relevant laws and the restrictions about disability discrimination.

(It may be helpful to speak with a representative of your local EFA Chapter.)

You could also speak with the protection and advocacy staff of the state human rights commission, the Equal Employment Opportunities Commission (EEOC), or a social worker who specializes in employment issues.

5. Also find out about the ADA. (American with Disabilities Act.)

It applies to all employers, employment agencies, labor organizations, and joint labor-management committees in which at least 15 employees work for each working day in each of 20 or more calendar weeks.

The ADA excludes the federal government or other employers that receive a certain level of federal support (because they are subject to other similar regulations), as well as Indian tribes and private-membership clubs that are exempt from taxation.

6. Title I of the ADA provides that people with disabilities cannot be excluded from employment unless they are unable to perform the essential requirements of the job.

7. You are subject to the same employment rules as others when it comes to upgrading, promotion, demotion, tenure, transfer, layoff, termination, return from layoff, and rehiring…

8. The same with rates of pay or other compensation and changes in compensation…

9. Job assignment, job classification, position descriptions, lines of progression, structures and seniority lists also apply…

10. Leaves of absence, sick leave, or other leave…

11. Fringe benefits, whether or not administered by the employer…

12. Selection and financial support for training, including apprenticeships, professional meetings, conferences and other related activities, and selection for leaves of absence to pursue training…

13. Any activities sponsored by the employer, including social and recreational programs…

14. Any other term, condition, or privilege of employment.

Tip: “Your best places you want to look for jobs is find places that post EOE ( Equal Opportunity Employment). These type of places are in agreement to hiring people with disabilities.

They work with the disability act if you are hired, even if you have not told/written or they have not asked if you have any disability. You have a seizure on the job, they are supposed to work with you and figure out a plan that works for both of you.”— Kari Lynne Brauer

It’s the law!

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Resources:

https://en.wikipedia.org/wiki/Epilepsy_and_employment

http://www.efmny.org/faq/

https://www.epilepsy.com/living-epilepsy/legal-help/your-legal-rights

https://www.epilepsy.com/article/2013/6/employment-rights-people-epilepsy-whats-new

https://www.epilepsysociety.org.uk/equality-law-and-disability-discrimination

https://www.ncbi.nlm.nih.gov/pubmed/9212629

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