EEOC Issues Fact Sheet on Epilepsy in the Workplace and the ADA

The Equal Employment Opportunity Commission (EEOC) has recently issued a very useful fact sheet addressing the workplace rights of people with epilepsy under the Americans with Disabilities Act (ADA).

The fact sheet explains:

• When epilepsy is a “disability” within the meaning of the ADA;
• When employers may (and may not) ask applicants and employees about their epilepsy and how it should treat voluntary disclosures;
• What employers must do to meet their obligation to keep information about employees with epilepsy confidential;
• Reasonable accommodations that some people with epilepsy may need to work, most of which involve no cost; and
• How employers should deal with safety concerns that they may have about employees with epilepsy.

According to the Centers for Disease Control, about 2.3 million people in the U.S. have some form of epilepsy, with more than 180,000 new cases diagnosed every year. Epilepsy is a general term that includes various types of seizures.

EEOC Commission Chair Cari M. Dominguez said, “Epilepsy does not hinder a person’s ability to be a productive employee or compromise safety in the workplace. Too often, however, individuals with epilepsy are still denied job opportunities because of misperceptions and fears about this condition. The EEOC’s fact sheet dispels some of these myths and answers frequently asked questions about how people with epilepsy are covered by the Americans with Disabilities Act.”

The fact sheet can be accessed at http://www.eeoc.gov/facts/epilepsy.html.

It’s not too early to start thinking about attending the third annual HR & the Law Forum, presented as part of Complete HR, in Palm Springs, CA, February 16-18, 2005. Council’s 2005 Forum will include an advanced interactive session on frustrating ADA, FMLA, and workers’ comp overlap issues. For a detailed agenda, click on either of the links above.