The Americans with Disabilities Act (ADA) is a federal law that prohibits discrimination against qualified individuals with disabilities, including epilepsy. This law applies to any disabled individual to be employed by federal, state, and local government employers as well as private employers with 15 or more employees. It is important to note that individuals with epilepsy are covered by the ADA even if their seizures are completely under control.
Some necessary points to remember when applying for a job as an individual with epilepsy is that a potential employer is not allowed to ask questions about one’s medical conditions before making a job offer. Only after a conditional job offer is made and the applicant discloses that they have epilepsy can an employer ask additional questions about their epilepsy. An employer may not withdraw an offer from an applicant with epilepsy if the applicant is able to perform the essential functions of the job, with or without reasonable accommodation. A person with epilepsy may request an accommodation after becoming an employee even if they did not do so when applying for the job or after receiving the job offer (EOCC:2021). If you believe you are a victim of employment discrimination, please contact 1-800-669-4000 or visit the Florida Commission on Human Relations public portal for more information on filing an employment discrimination charge.