Most people with epilepsy can work productively at full-time jobs. Yet, people with epilepsy have about twice the unemployment rate of the general population. Why is that? Often, people with epilepsy want to work but may encounter employers who are afraid of the potential effects of a seizure on the job. These employers may worry about liability, missed work, or a customer seeing someone having a seizure. While these things can happen, they are not valid reasons to avoid hiring people with epilepsy. The only time when a potential employee’s epilepsy is relevant to the hiring decision, is in a case where seizures on the job would endanger a person’s, or the public’s, well-being. Such exceptions might apply, for example, to pilots, bus drivers, firemen, roofers, and tree cutters. In addition, people with seizures should avoid work that involves driving, working underwater, or in other dangerous locations, or spending prolonged periods around fire, dangerous machinery, or chemicals. Despite these limitations, over 90 percent of jobs can be done-and done well—by people with epilepsy! Just as importantly, it is illegal to discriminate against people with epilepsy. This became law when President Bush Senior signed the Americans with Disabilities Act, or ADA, in 1990, which listed epilepsy as a protected disability. The Bill was championed by Tony Coelho, who was then the Democratic Whip in Congress. Coelho, who is publicly a person with epilepsy, is currently the Honorary Lifetime Chair of the Epilepsy Foundation of America, the main organization in the Advocating for people with epilepsy. The ADA applies to government employers or contractors, educational institutions, and private businesses with over 15 employees. Knowing this, should you disclose your epilepsy on a job application? Generally, the answer is still no. It is not legal for an employer to ask about disabilities, medical conditions, or what medications you are taking. Employers are, however, allowed to ask whether you have any conditions that would prevent you from fulfilling the duties of the job, and if you do, you should answer honestly. Once you have a job, you will have to decide whether to let your coworkers, supervisor, or human resources department know about your seizures. So what if you do have seizures on the job and they cause a problem? Once again, the ADA comes to your aid, stating that the company must attempt to make reasonable accommodations for you. For example, there might be another position in the company that would be less problematic, or you might be excused from overtime if missing sleep provokes seizures. If you have been unfairly treated on the job because of epilepsy, you have at least three levels of recourse. First, you can attempt to work the problem out within the company. Second, you can contact your regional Equal Employment Opportunity Commission, which you can find by visiting their website at www.eeoc.gov. The EEOC will hear your story and decide whether to pursue it on your behalf, at no charge. If they take your case, they may communicate with your employer or pursue legal action. The third option is to hire an employment discrimination attorney. While this may be successful, it can also be expensive. No matter the job, however, people with epilepsy must want to work and be able to perform the job to gain employment, just like people who do not have seizures. Simply put, though, if you have epilepsy and want to work, you have options, opportunities and legal rights. Look into them!
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