Nomenclature

• No specific act is titled "The Epilepsy Disability Act." President George W. Bush signed the Americans with Disabilities Act Amendments Act into law in September 2008, and it amended the original Americans with Disabilities Act (ADA) that took effect in 1990.
  
  

Epilepsy as a Disability under the ADA

• The original ADA protected people who could prove they had a disability---but not all medical conditions qualify as a "disability." Epilepsy was defined as a disability when it significantly affected the person's ability to perform basic functions such as walking, talking, sleeping and caring for herself. Because the "disability" qualification was decided on a case-by-case basis, some individuals who managed their epilepsy successfully with medication were not able to qualify as disabled and did not receive the protections offered by this act.
  
  

Epilepsy as a Disability under the ADAAA

• The new act extended the definition of a disability, so more individuals can be classified as disabled, receiving protection from discrimination. A disability is still defined as a condition that significantly affects a person's ability to perform one or more basic life functions, but courts and employers were told to interpret the law generously. One of the most significant changes is the ability to be classified as disabled if one's condition is in remission or is episodic in nature, according to the U.S. Equal Employment Opportunity Commission. This covers epileptics who successfully manage their condition with medication.
  
  

Protection Offered by the ADA and ADAAA

• People with disabilities are protected from discrimination in the workplace. Employers are not allowed to hire, fire, promote or give raises based on the presence or lack of a disability. They may not ask a job applicant about any disabilities she may have and may not require her to take a medical exam before offering her a job. In terms of jobs that require a certain level of physical fitness or responsiveness, an employer is only allowed to ask the applicant whether she is able to carry out the duties of the job as described; it is up to the applicant to answer honestly. Physical exams only may be administered after a job offer is made and only if they are administered to all incoming employees.
  
  

Reasonable Accommodation in the Workplace

• While on the job, the employer is required to make a reasonable accommodation to allow any disabled employee to do the job; however, employers aren't obligated to make accommodations until the worker comes forward, specifies her condition and requests help. Once the request is made, employers must make reasonable accommodations to help the disabled worker do her job. This includes adjusting her work schedule, modifying work equipment and making sure she has ready access to any necessary facilities. If a disabled employee is still unable to perform her job function after reasonable accommodations have been made, the employer should try to reassign her to a different job. The only time employers are not obligated to make reasonable accommodation is when doing so would create an "undue hardship" because of the expense and/or difficulty involved.