What is Epilepsy Seizures
Epilepsy (often referred to as a seizure disorder) is a chronic neurological condition characterized by recurrent unprovoked seizures. The condition is named from the Greek epileps...
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Discrimination with Epilepsy in the workplace
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Hi,
I am new to this group.. My husband has childhood epilepsy... He is a direct support professional right now... He just recently applied for a second job in a direct support profession... To make a long story short... Three years ago the agency he works for now he had a seizure and had to give up his job because they require you to drive... He got re-hired back at this agency.. He is a very dedicated employee... They were happy to have him back.. He has been working there for 7 months... He was just offered a position for another direct support agency as a second job.. He did the company physical yesterday. He never hid his epilepsy... He told them from the first interview he had it... He just received a phone call today from a nurse from the agency stating that they are requiring his Nuerologist to fill out a form stating that he is capable of doing this type of work. He is doing the same type of work right now.. He said they asked him in the physical if he has a drivers license which he does have... What kind of seizures does he have and if he shakes or if he just zones out... He is not even going to be transporting the clients.... The nurse would not tell him it was his epilepsy just that it was a variety of things that concerned them... His epilepsy is the only concern he was able to get that out of the nurse and she said she was faxing a form for the nuerologist to fill out.. She stated human resources had a problem with his physical... They were the ones who intitally hired him... If the doctor clears him which he is aware that is the type of work my husband is doing can they deny him a position based on his epilepsy... Any feedback would be great so sorry for the length... I just hope this is not discrimination and just their company policy... Thank You... :) Lee Posted on 10/08/09, 07:10 pm |
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Yes they can deny him. You have to look at it from a business position. If your husband has a seizure while driving he could kill or injure himself or someone else. If his job doesn't require driving then you have to look outside the box. If your husband falls and hurts himself because of the seizures then they are liable for him. I don't know if it is discrimination or not, but its life. 
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I do feel this is discrimination due to that epilepsy is under the ADA act... They knowingly knew of his epilepsy... And offered him a position... We will not just lay down and let others discriminate because of a disabilty... I do not understand how he is a risk when he is already doing the same type of work and the same type of agency has no problems with it.. The more people voice their opinions the more things like this will not happen when the next person with epilepsy really needs a job...
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If he is denied the position due to epilepsy, then yes this is discrimination. The hard part is proving it. They can always say they found someone more qualified.
I have worked many places (about 3-4 were for attorneys) and as soon as they saw me have a seizure, I was let go about a month later because "my work wasn't up to par", even though I just had a good review prior to having the seizure. Some of those offices I worked at for 2-3 years. If your husband were to fall and injury himself; yes, the company could be held liable and he could qualify work Worker's Compensation. Consequently, companies would rather avoid that situation. This does go against the ADA. Your husband did not even have to disclose this information to them. His medical condition is between him and his doctor, not his employer.
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Hello Lee, Yes this is discrimination. Like reason said he didn't even have to let them know he had epilepsy. What if he hadn't, would he still have to have that physical or get papers filled out by a Dr.? I'm 41 and have had epilepsy since I was 9. I too have had lots of discrimination instances and yes it can be hard to prove. My husband is very protective about my epilepsy and swares that anytime anyone has a problem at work with me is because they are discriminating me and my epil. All you can do is be strong and stand up for yourself. If you don't feel right about what's going on, then you have to take control of the situation and let the co. know that.
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Hello TomiAnne:
I am both an Advocate, a certified return to work planner and I have had Epilepsy all of my life (28years). I can tell you yes this was discrimination. Yes you might have trouble proving it directly but if you would like to take it up with Human Rights Commission you will need to say that you suspect the employer of discriminatin against the prohibitive ground of disability in the area of work. I also believe someone here has answered your most vital question. That is how to approach the matter. Due to the fact that your husband chose to disclose when he did not need to was the physical forced on him or would it have been mandatory for all workers? I hope this helps some:)
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sorry that reply should say hello lee
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