> I have had some absent seizures, which have led to issues at work.
>
> 1: When they hit I can act in a state of confusion.
> 2: I don't remember them.
> 3: They jumble what was going on and lose what I was learning or
> doing.
On Jul 28, 4:54 pm, Sofia <pinkmonster2000REM...@ALLCAPSyahoo.com>
wrote:
> > I have had some absent seizures, which have led to issues at work.
>
[quoted text clipped - 30 lines]
> --
> Please visit my deviantART page:http://sofen.deviantart.com/
Greetings:
It turns out there's some excellent clear information.
The U.S. Equal Employment Opportunity Commission
QUESTIONS AND ANSWERS ABOUT EPILEPSY IN THE WORKPLACE AND THE
AMERICANS WITH DISABILITIES ACT (ADA)
INTRODUCTION
The Americans with Disabilities Act (ADA) is a federal law that
prohibits discrimination against individuals with disabilities. Title
I of the ADA covers employment by private employers with 15 or more
employees as well as state and local government employers of the same
size. Section 501 of the Rehabilitation Act provides the same
protections for federal employees and applicants for federal
employment. In addition, most states have their own laws prohibiting
employment discrimination on the basis of disability. Some of these
state laws may apply to smaller employers and provide protections in
addition to those available under the ADA.
The U.S. Equal Employment Opportunity Commission (EEOC) enforces the
employment provisions of the ADA. This document explains how the ADA
might apply to job applicants and employees with epilepsy.(1) Topics
discussed include:
* when epilepsy is considered a disability under the ADA;
* when an employer may ask an applicant or employee questions
about epilepsy and how it should treat voluntary disclosures;
* what types of reasonable accommodations employees with epilepsy
may need;
* how an employer should handle safety concerns about applicants
and employees with epilepsy; and
* how employers can ensure that no employee is harassed because of
epilepsy or any other disability.
General Information About Epilepsy
About 2.3 million people in the United States or one percent of the
population have some form of epilepsy, with more than 180,000 new
cases diagnosed each year in Americans of all races and ages.(2)
Epilepsy is a general term that includes various types of seizures. A
seizure happens when abnormal electrical activity in the brain causes
an involuntary change in body movement or function, sensation,
awareness, or behavior. People diagnosed with epilepsy have had more
than one seizure, and they may have had more than one kind of seizure.
A seizure can last from a few seconds to a few minutes. Some
individuals recover immediately from a seizure, while others may be
dazed and sleepy for a period of time following a seizure. The
severity of epilepsy and the type of seizure vary from person to
person.(3) For most people with epilepsy, no single cause has been
determined. Seizures may result from illness (including high fever),
head trauma, stroke, brain tumor, poisoning, infection, inherited
conditions, brain disorders, or problems during fetal development.
Individuals with epilepsy successfully perform all types of jobs,
including heading corporations, teaching and caring for children, and
working in retail and customer service positions. Individuals with
epilepsy also can perform jobs that might be considered "high-risk,"
such as police officer, firefighter, welder, butcher, and construction
worker. Yet, many employers wrongly assume that people with epilepsy
automatically should be excluded from certain jobs.(4) For example,
many employers believe that anyone with epilepsy cannot safely operate
certain types of machinery, drive, or use computers.(5) The reality is
that because antiseizure medications and other treatment methods
totally control seizures for more than half of the people with
epilepsy, many employers do not know when someone in the workplace has
this condition. Some people whose epilepsy is not completely
controlled experience a sensation or warning called an "aura" that
lets them know that they are about to have a seizure. Many other
people with epilepsy only have seizures while asleep (nocturnal
seizures) or seizures that do not cause loss of consciousness or motor
control.
Some employers also fear hiring individuals with epilepsy because they
are 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. There is no evidence
that people with epilepsy are more prone to accidents on the job than
anyone else. Finally, because medications usually can control seizures
for most people, they do not need to take time off from work because
of their epilepsy.
1. When is epilepsy a disability under the ADA?
Epilepsy is a disability when it substantially limits one or more of a
person's major life activities. Major life activities are basic
activities that an average person can perform with little or no
difficulty, such as walking, seeing, hearing, speaking, breathing,
performing manual tasks, caring for oneself, learning, and working.
Major life activities also include thinking, concentrating,
interacting with others, reproduction, and sleeping.
Epilepsy may be a disability because of limitations that occur as the
result of seizures or because of side effects or complications that
can result from medications used to "control" the condition.
Example: A court concluded that an individual who had brain surgery to
control seizures, but still continued to experience two or three
seizures per month, was an individual with a disability because she
was substantially limited in several major life activities, such as
walking, seeing, hearing, speaking, and working, while having a
seizure and often was limited in caring for herself (sometimes for
more than a day) following particularly severe seizures.
Example: Some individuals take drugs that control their seizures but
make them drowsy, unable to concentrate, or unable to sleep. An
individual who is substantially limited in major life activities such
as sleeping, thinking, concentrating, or caring for himself as a
result of these side effects would have a disability under the ADA.
Epilepsy also may be a disability because it was substantially
limiting some time in the past (i.e., before seizures were
controlled).
Example: A job applicant has had epilepsy for five years. For the past
three years she has been seizure-free, but prior to that she
experienced severe and unpredictable seizures. As a result, she had to
move back home with her parents because she could not live alone, she
was unable to drive, and rarely socialized with friends because she
feared having a seizure in public. Even if the individual's epilepsy
is not now substantially limiting, it substantially limited major life
activities such as caring for herself and interacting with others in
the past. This individual has a record of a disability.
Finally, epilepsy is a disability when it does not significantly
affect a person's everyday activities, but the employer treats the
individual as if it does.
Example: An employer who refuses to hire someone with epilepsy because
it assumes the individual is incapable of working without hurting
himself or others regards the individual as having a disability.
Under the ADA, the determination of whether an individual has a
disability is made on a case-by-case basis.
OBTAINING, USING, AND DISCLOSING MEDICAL INFORMATION
Applicants
The ADA limits the medical information that an employer can seek from
a job applicant. An employer may not ask questions about an
applicant's medical condition or require an applicant to take a
medical examination before it makes a conditional job offer. This
means that an employer cannot ask an applicant questions such as:
* whether she has epilepsy or seizures;
* whether she uses any prescription drugs; or
* whether she ever has filed for workers' compensation or was
injured on a job.
After making a job offer, an employer may ask questions about an
applicant's health and may require a medical examination as long as it
treats all applicants the same.
2. Does the ADA require an applicant to disclose that she has epilepsy
or some other disability before accepting a job offer?
No, the ADA does not require applicants to disclose that they have
epilepsy or another disability unless they will need a reasonable
accommodation for the application process. Some individuals with
epilepsy, however, choose to disclose their condition to eliminate any
surprise should a seizure occur in the workplace. Often the decision
to disclose depends on the type of seizure a person has, the need for
assistance during or after a seizure, the frequency of seizures, and
the type of work for which the person is applying.
Sometimes the decision to disclose depends on whether an individual
will need a reasonable accommodation to perform the job. A person with
epilepsy, however, may request an accommodation after becoming an
employee even if she did not ask for one when applying for the job or
after receiving the job offer.
3. May an employer ask any follow-up questions if an applicant
voluntarily reveals that she has epilepsy?
If an applicant voluntarily discloses that she has epilepsy, an
employer only may ask two questions: whether she needs a reasonable
accommodation, and if so, what type. The employer also must keep any
information an applicant discloses about her medical condition
confidential. (See "Keeping Medical Information Confidential" on p.
8.)
Example: An individual applies for a data clerk position. She tells
the interviewer that she does not have a driver's license due to
epilepsy and will need a flexible schedule because public
transportation is not always reliable.(6) She also mentions that she
has not had a seizure in more than six months. The interviewer may ask
the applicant additional questions about her requested accommodation,
such as how early she can start to work and how many hours she can
work each day, but cannot ask for details about her epilepsy, such as
how long she has had epilepsy or whether she has had to miss work in
the past because of her condition.
4. What should an employer do when it learns that an applicant has
epilepsy after he has been offered a job?
The fact that an applicant has epilepsy may not be used to withdraw a
job offer if the applicant is able to perform the fundamental duties
("essential functions") of a job, with or without reasonable
accommodation, without posing a direct threat to safety. ("Reasonable
accommodation" is discussed in Questions 10 -15. "Direct threat" is
discussed in Questions 5, 6, 16, and 17.) The employer, therefore,
should evaluate the applicant's present ability to perform the job
effectively and safely. After an offer has been made, an employer also
may ask the applicant additional questions about his epilepsy, such as
whether he takes any medication; whether he still has seizures and, if
so, what type; how long it takes him to recover after a seizure; and/
or, whether he will need assistance if he has a seizure at work.
The employer also could send the applicant for a follow-up medical
examination or ask him to submit documentation from his doctor
answering questions specifically designed to assess the applicant's
ability to perform the job's functions and to do so safely.
Example: An experienced chef gets an offer from a hotel resort. During
the post-offer medical examination, he discloses that he has had
epilepsy for ten years. When the doctor expresses concern about the
applicant's ability to work around stoves and use sharp utensils, the
applicant explains that his seizures are controlled by medication and
offers to bring information from his neurologist to answer the
doctor's concerns. He also points out that he has worked as a chef for
seven years without incident. Because there is no evidence that the
applicant will pose a significant risk of substantial harm while
performing the duties of a chef, the employer may not withdraw the job
offer.
Employees
5. When may an employer ask an employee if epilepsy, or some other
medical condition, may be affecting her ability to do her job?
An employer may ask questions or require an employee to have a medical
examination only when it has a legitimate reason to believe that
epilepsy, or some other medical condition, may be affecting the
employee's ability to do her job, or to do it safely.
Example: Several times during the past three months, a supervisor has
observed a newly hired secretary staring blankly, making chewing
movements with her mouth, and engaging in random activity. On these
occasions, the secretary has appeared to be unaware of people around
her and has not responded when the supervisor has asked if she was
okay. The secretary has no memory of these incidents. She also has
seemed confused when the supervisor asked her to make corrections on
documents she (the secretary) recently typed. The supervisor may ask
the secretary whether a medical condition, such as epilepsy, is
affecting her ability to perform the essential functions of her job.
On the other hand, when an employer does not have a reason to believe
that a medical condition is causing an employee's poor job
performance, it may not ask for medical information but should handle
the matter as a performance problem.
Example: Lately, a normally reliable receptionist with epilepsy has
been missing work on Mondays and leaving work early on Fridays. The
supervisor noticed these changes soon after the receptionist's fianc?
moved to another state. The supervisor can ask the receptionist about
her attendance problems but may not ask her about her epilepsy.
An employer also may ask an employee about epilepsy when it has a
reason to believe that the employee may pose a "direct threat" (i.e.,
a significant risk of substantial harm) to himself or others. An
employer should make sure that its safety concerns are based on
objective evidence and not general assumptions. (See also section
below on "Concerns About Safety.")
Example: A line cook with epilepsy had three seizures in his first six
weeks on the job. Although the cook did not injure himself or anyone
else during his seizures, the employer may send him for a medical
examination or ask him to submit documentation from his doctor
indicating that he can safely perform his job, which requires him to
work around flat top grills, hot ovens, and fryers with boiling oil.
6. May an employer require an employee on leave because of epilepsy to
have a medical exam or provide documentation before allowing her to
return to work?
Yes, if the employer has a reasonable belief that the employee may be
unable to perform her job or may pose a direct threat to herself or
others. However, the employer may obtain only the information needed
to make an assessment of the employee's present ability to perform her
job and to do so safely.
Example: A pool cleaner called his supervisor on Monday morning and
told him he was taking sick leave because he had a seizure over the
weekend -- his second in six months. Given the safety risks associated
with the pool cleaner's job, the employer may ask him to have a
medical exam or provide medical documentation indicating that he can
safely perform his job without posing a direct threat before allowing
him to return to work.
Example: A cashier, who has occasional nocturnal seizures, took two
weeks off to adjust to a new medication. She works the day shift and
never has been late for work, never has had difficulty performing her
duties, and never has had a seizure on the job. The employer may not
require the cashier to have a medical examination or ask her for
medical documentation before allowing her to return to work because
there is no indication that her epilepsy will prevent her from doing
her job.
Example: A budget analyst with epilepsy has a seizure at work. She
explains to her manager that following a seizure she is typically very
tired and needs to rest for several hours. She says that she will be
fine the next morning and will be back at work, but asks if she could
call someone to drive her home and take off for the rest of the day.
Because there is no reason to believe that the analyst will be unable
to do her job or will pose a safety risk, the employer may not require
her to submit a doctor's note clearing her to return to work the next
day.
7. Are there any other instances when an employer may ask an employee
about epilepsy?
An employer also may ask an employee about epilepsy when the employee
has requested a reasonable accommodation because of his epilepsy or as
part of a voluntary wellness program.(7) In addition, an employer may
ask an employee with epilepsy to justify the use of sick leave by
providing a doctor's note or other explanation, as long as it requires
all employees to do so.
Keeping Medical Information Confidential
With limited exceptions, an employer must keep confidential any
medical information it learns about an applicant or employee. An
employer, however, under certain circumstances may disclose to
particular individuals that an employee has epilepsy:
* to supervisors and managers, if necessary to provide a
reasonable accommodation or meet an employee's work restrictions;
* to first aid and safety personnel if an employee would need
emergency treatment or require some other assistance if she had a
seizure at work;(8)
* to individuals investigating compliance with the ADA and similar
state and local laws; and,
* as needed for workers' compensation or insurance purposes (for
example, to process a claim).
8. May an employer explain to other employees that their co-worker is
allowed to do something that generally is not permitted (such as have
more breaks) because he has epilepsy?
No. An employer may not disclose that an employee has epilepsy or is
receiving a reasonable accommodation. However, an employer certainly
may respond to a question about why a co-worker is receiving what is
perceived as "different" or "special" treatment by emphasizing that it
tries to assist any employee who experiences difficulties in the
workplace. The employer also may find it helpful to point out that
many of the workplace issues encountered by employees are personal and
it is the employer's policy to respect employee privacy.
9. If an employee has a seizure at work, may an employer explain to
other employees or managers that the employee has epilepsy?
No. Although the employee's co-workers and others in the workplace who
witness the seizure naturally may be concerned, an employer may not
reveal that the employee has epilepsy. Rather, the employer should
assure everyone present that the situation is under control. The
employer also should follow the employee's plan of action if one has
been created. (See footnote 8.)
Example: During a staff meeting, an attorney's arm and leg suddenly
start jerking. Although she appears awake, she does not say anything.
When another employee asks whether he should call an ambulance, a
manager calmly explains that no first aid is necessary and that the
attorney will be okay in a few minutes. He adjourns the meeting and
stays with the attorney until she recovers from her seizure.
An employer also may allow an employee voluntarily to tell her co-
workers that she has epilepsy and provide them with helpful
information, such as how to recognize when she is having a seizure,
how long her seizures generally last, what, if anything, should be
done if she has a seizure, and how long it generally takes her to
recover. However, even if an employee voluntarily discloses that she
has epilepsy, an employer is limited in sharing this information with
others. (See section on "Keeping Medical Information Confidential"
above for the only circumstances in which an employer may disclose
that an employee has epilepsy.)
ACCOMMODATING EMPLOYEES WITH EPILEPSY
The ADA requires employers to provide adjustments or modifications to
enable people with disabilities to enjoy equal employment
opportunities unless doing so would be an undue hardship (i.e., a
significant difficulty or expense). Accommodations vary depending on
the needs of an individual with a disability. Not all employees with
epilepsy will need an accommodation or require the same accommodation,
and most of the accommodations a person with epilepsy might need will
involve little or no cost.
10. What types of reasonable accommodations may employees with
epilepsy need?
Some employees may need one or more of the following accommodations:
* breaks to take medication
* leave to seek treatment or adjust to medication (9)
* a private area to rest after having a seizure
* a rubber mat or carpet to cushion a fall
* adjustments to work schedules
Example: A library schedules employees to work eight-hour shifts
starting as early as 8:00 a.m. and as late as 1:00 p.m. A librarian
who has epilepsy and experiences nocturnal seizures, which leave her
tired in the early morning, requests that her shifts start in the late
morning or early afternoon. The employer determines that because there
are a sufficient number of staff available between 8:00 a.m. and 10:00
a.m. to respond to requests from the public for assistance, the
accommodation can be granted without undue hardship.
* a consistent start time or a schedule change (e.g., from the
night shift to the day shift)
Example: A home nurse rotated from working the 7:00 a.m to 3:00 p.m.
shift to the midnight to 8:00 a.m. shift. His doctor wrote a note to
the employment agency indicating that interferences in the nurse's
sleep were making it difficult for him to get enough rest and, as a
result, he was beginning to have more frequent seizures. If
eliminating the nurse's midnight rotation would not cause an undue
hardship, this would be a reasonable accommodation.
* a checklist to assist in remembering tasks
Example: A box packer would have absence seizures while packing boxes
and forget what he was doing. The supervisor created a checklist for
each step of the job. Now, when the box packer has a seizure, he
simply looks at the checklist to see what steps he has completed.
Other employees with epilepsy may need:
* to bring a service animal to work (10)
* someone to drive to meetings and other work-related events
* to work at home
Example: When a medical transcriber started having frequent,
unpredictable seizures at work, she asked her supervisor if she could
work at home until her seizures were controlled. Because the
transcriber can do the essential functions of her job at home without
day-to-day supervision, the employer granted her request.
Although these are some examples of the types of accommodations
employees with epilepsy commonly need, other employees may need
different changes or adjustments. An employer should ask the employee
requesting an accommodation because of his epilepsy what is needed to
do the job. There also are extensive public and private resources to
help employers identify reasonable accommodations. For example, the
web site for the Job Accommodation Network (JAN) (www.jan.wvu.edu/
media/epilepsy.html) provides information about many types of
accommodations for employees with epilepsy.
11. Does an employer ever have to reassign an employee with epilepsy
to another position?
Yes, reassignment may be necessary where an employee with epilepsy no
longer can 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 does not have to be a promotion,
although the employee should have the right to compete for promotions
just like other employees.
Example: A telephone repairman submits a note from his doctor stating
that he recently has been diagnosed with epilepsy and must avoid
climbing and working at heights above ground level. Although the
employer would not have to "bump" another employee from a position to
create a vacancy, the employer should determine whether there is
another position for which the repairman is qualified that will meet
his restrictions.
12. How does an employee with epilepsy request a reasonable
accommodation?
There are no "magic words" that a person has to use when requesting a
reasonable accommodation. A person simply has to tell the employer
that she needs an adjustment or change at work because of her
epilepsy.
Example: A teacher tells her principal that she recently has been
diagnosed with epilepsy and needs three weeks off to find out whether
medication will control her seizures. This is a request for reasonable
accommodation.
A request for reasonable accommodation also can come from a family
member, friend, health professional, or other representative on behalf
of a person with epilepsy. If the employer does not already know that
an employee has epilepsy, the employer can ask the employee for
verification from a health care professional.
13. Does an employer have to grant every request for a reasonable
accommodation?
No. An employer does not have to provide an accommodation if doing so
will be an undue hardship. Undue hardship means that providing the
reasonable accommodation would result in significant difficulty or
expense. If a requested accommodation is too difficult or expensive,
an employer still would need to determine whether there is another
easier or less costly accommodation that would meet the employee's
needs.
14. Is it a reasonable accommodation for an employer to make sure that
an employee takes antiseizure medicine as prescribed?
No. Employers have no obligation to monitor an employee to make sure
that she does not have a seizure. However, an employer may have to
provide a flexible work schedule or allow the employee breaks to rest
or to take medication to keep her epilepsy under control.
15. If an employee does not have a license because of epilepsy, does
an employer have to eliminate driving from his job duties?
If driving is an essential function of a job, an employer does not
have to eliminate it. However, an employer should carefully consider
whether driving actually is a job function or simply a way of
accomplishing an essential function. If an accommodation is available
that would enable an employee with epilepsy to perform a function that
most employees would perform by driving, then the employer must
provide the accommodation, absent undue hardship.
Example: A qualified sales clerk applies for promotion to assistant
manager of a store. The employer promotes someone else because it
claims that an essential function of the assistant manager's job is
driving store receipts to the bank. Because depositing the receipts in
a safe and timely manner, not driving, is the actual function of the
job, the employer should have determined whether the sales clerk could
have done the job with a reasonable accommodation (e.g., having
another employee drive her or paying for her to take a taxi).
Similarly, if driving is a marginal (or non-essential) function, the
fact that an individual with epilepsy does not have a driver's license
cannot be used to deny the individual an employment opportunity.
Example: College orientation guides are hired to hand out information
packets and give tours of the campus. Occasionally, a guide also may
be asked to drive prospective students to and from the airport. Not
every guide is asked to perform this function, and there are always
other guides available to perform the function if a particular
individual is unavailable. Because driving is not an essential
function of the job, the college cannot refuse to hire a person to be
a guide who does not have a driver's license because of epilepsy but,
rather, would have to assign someone else to perform that task.
CONCERNS ABOUT SAFETY
When it comes to safety, an employer should be careful not to act on
the basis of myths, fears, generalizations, or stereotypes about
epilepsy. Instead, the employer should evaluate each individual on his
knowledge, skills, experience, and how having epilepsy affects him. In
other words, an employer should determine whether a specific applicant
or employee would pose a "direct threat" or significant risk of
substantial harm to himself or others that cannot be eliminated or
reduced through reasonable accommodation. This assessment must be
based on objective, factual evidence, including the best recent
medical evidence and advances to treat and control epilepsy.
16. When may an employer prohibit a person who has epilepsy from
performing a job because of safety concerns?
An employer may prohibit a person who has epilepsy from performing a
job when it can show that the individual may pose a direct threat. In
making a "direct threat" assessment, the employer must evaluate the
individual's present ability to safely perform the job. The employer
also should consider: (1) the duration of the risk; (2) the nature and
severity of the potential harm; (3) the likelihood that the potential
harm will occur; and, (4) the imminence of the potential harm. The
harm also must be serious and likely to occur, not remote and
speculative. Finally, the employer must determine whether any
reasonable accommodation would reduce or eliminate the risk.(11)
Example: A tool inspector with epilepsy applies to be a welder for the
same company. During the past two years, the employee has on several
occasions failed to take prescribed medication and has experienced
sudden and unpredictable seizures at work. Because of the likelihood
that the employee would experience sudden and unpredictable seizures
and the serious consequences that would result if the employee had a
seizure while working as a welder, the employer may deny the employee
the job.
17. What should an employer do when another federal law prohibits it
from hiring anyone who has epilepsy?
The employer has a defense to a charge of discrimination under the ADA
if a federal law prohibits it from hiring a person with epilepsy. The
employer should be certain, however, that compliance with the law
actually is required, not voluntary and that the law does not contain
any exceptions or waivers.
HARASSMENT
Employers are prohibited from harassing or allowing employees with
disabilities to be harassed in the workplace. When harassment is
brought to the attention of a supervisor, the supervisor must take
steps to stop it.
18. What should employers do to prevent and correct harassment?
Employers should make clear that they will not tolerate harassment
based on disability or on any other basis (i.e., race, sex, religion,
national origin, or age). This can be done in a number of ways, such
as through a written policy, employee handbooks, staff meetings, and
periodic training. The employer should emphasize that harassment is
prohibited and that employees should promptly report such conduct to a
manager. Finally, the employer should immediately conduct a thorough
investigation of any report of harassment and take swift and
appropriate corrective action. For more information on the standards
governing harassment under all of the EEO laws, see
www.eeoc.gov/policy/docs/harassment.html.
Footnotes
1. This document is the second in a series of fact sheets issued by
the EEOC that addresses a particular medical condition. The first fact
sheet, Questions and Answers About Diabetes in the Workplace and the
ADA, can be found at www.eeoc.gov/facts/diabetes.html.
2. Centers for Disease Control (CDC), www.cdc.gov/nccdphp/epilepsy/index.html
3. For example, some seizures result only in small involuntary
movements or brief lapses of attention. In other instances,
consciousness (the ability to react to external stimuli in a
meaningful and appropriate way) may be unaffected, lost completely, or
altered but not lost completely. In addition, motor control may be
partially affected (e.g., a person's hand may shake or she may be
alert but cannot speak) or completely lost.
4. Many occupations have their own health regulations. Some federal
laws may prohibit an employer from hiring an individual who still has
seizures or takes medication for epilepsy. See Question 17.
5. There is a rare condition called photosensitive epilepsy in which
seizures are triggered by flashing or flickering lights or by certain
geometric patterns. People who are photosensitive are most likely to
react to lights that flicker between five and 30 times per second.
Modern computers usually operate at a higher frequency and do not tend
to provoke seizures.
6. Every state licenses people with epilepsy to drive, though
eligibility requirements vary. The most common requirement is that
individuals be seizure free for a specified period of time and submit
a physician's evaluation of their eligibility to drive safely. Some
states require individuals with epilepsy to submit periodic medical
reports for as long as they remain licensed.
7. The ADA allows employers to conduct voluntary medical examinations
and activities, including obtaining voluntary medical histories, which
are part of an employee health program as long as any medical records
acquired as part of the program are kept confidential.
8. Although many individuals who have seizures do not require any
first aid or assistance, an employee who might need assistance may
want to work with his employer to create a plan of action that
includes such information as: who to contact in an emergency; warning
signs of a possible seizure; how and when to provide assistance; when
to call an ambulance, etc. The employee and employer also should
discuss who in the workplace should know this information. Some
individuals also might want to ask their employers for an opportunity
to educate their co-workers about epilepsy to dispel any
misperceptions or unsubstantiated fears they may have about the
condition.
9. An employee with epilepsy also may be entitled to leave under the
Family and Medical Leave Act (FMLA), which provides up to 12 weeks of
unpaid leave for a serious health condition. The U.S. Department of
Labor enforces the FMLA. For more information, go to www.dol.gov/esa/whd/fmla.
10. Service animals are animals that are trained to perform tasks for
individuals with disabilities such as guiding people who are blind,
alerting people who are deaf, pulling wheelchairs, alerting and
protecting a person who is having a seizure, or performing other
special tasks.
11. If the individual is a current employee, reasonable accommodation
must include consideration of reassignment to a vacant position for
which the employee is qualified.
this page was last modified on August 24, 2004.
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Sofia - 04 Aug 2007 23:33 GMT
> The Americans with Disabilities Act (ADA) is a federal law that
> prohibits discrimination against individuals with disabilities. Title
[quoted text clipped - 6 lines]
> state laws may apply to smaller employers and provide protections in
> addition to those available under the ADA.
Hi again Beach Runner. Nice to hear you have somebody to help you find
out everything you want to know in the USA, maybe they can help you
sort out all these issues at work too.
I'm afraid they couldn't help me get my life back together though, as I
live in England, in a little town called Crawley, just outside London,
but I have this newsgroup, which is a small relief to me nowadays
anyway!! :-)

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