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Epilepsy In The Workplace
Illness and disease are an unfortunate fact of human life. Employers today are very much aware of this fact, and often seek legal counsel when illnesses and special situations arise. Epilepsy is an example of a disease that employers are often concerned about. “Isn’t an epileptic employee dangerous to others?” we often hear. “Are we allowed to inquire if someone is so afflicted?”On July 28, 2004, the Equal Employment Opportunity Commission issued a release setting forth guidance on issues involving epilepsy, answering these and other questions. Their release explains (1) when an employer may ask an applicant about his epilepsy; (2) what type of reasonable accommodations employees with epilepsy may need; (3) when epilepsy is considered a “disability” under the ADA; and (4) how an employer should handle safety concerns about epilepsy.
According to the EEOC, epilepsy is a disability when it substantially limits one or more major life activities of the employee, either presently or in the past, or if the employer regards the employee as being substantially limited because of the epilepsy. An employer may not ask an applicant for information, including a straight-out question of whether or not the applicant has epilepsy, before a job offer is made. After an offer, but before employment begins, the employer may ask and require a medical exam, as long as the employer does so of all applicants. The employer may only ask about epilepsy if it has reason to believe that the condition would affect the employee’s ability to perform the job, or that he would pose a risk of substantial harm to others.
The EEOC does not publish an exhaustive list of accommodations that must be made for an epileptic employee. However, some of the possible reasonable accommodations include: (A) leave for treatment, or leave to adjust medication; (B) a private area to rest after a seizure; (C) a rubber mat or carpet to cushion a fall; (D) breaks to take medication; (E) adjustment to work schedules; or (F) the possibility of working from home.
Concerning safety, the EEOC advises that the employer should evaluate each individual based on his knowledge, skills, experience, and experience with the disease. The employer should determine whether the epilepsy poses significant risk of harm to the individual or others, and whether that risk can be diminished with a reasonable accommodation.
EEOC questions can arise in a variety of different contexts. Contact Lynn Schonberg for more information.