Women with Epilepsy: A Handbook of Health and Treatment Issues (Chapter 26)

Legal issues facing women with epilepsy (Excerpt)

Jeanne Carpenter

Employment

Usually, when a woman is diagnosed with epilepsy or reaches the age of permanent employment, her first questions will focus on whether her epilepsy will affect how she is employed and promoted, the type of job she can obtain, or the likelihood that she will successfully apply for the type of position she seeks. In the last few years, a potent tool has been in place with Congress’ passage in 1990 of the Americans with Disabilities Act (ADA). In short, the ADA prohibits most employers from discriminating on the basis of disability if the applicant or the employee is able to perform the job’s essential functions. The ADA also prohibits discrimination in the activities of state and local governments, public and private transportation, public accommodations, and telecommunications.

The purpose and intent of the statute were to ensure that those with a disability enjoyed protection against discrimination. As with any new statute, many of the cases that have been brought under the ADA, including those filed by individuals with epilepsy, have not resulted in relief for the plaintiff because the facts of the case have not been developed and alleged in a manner that the court has found would sustain a cause of action. However, with more lawyers understanding the important elements of the statute and what one must show in order successfully to claim discrimination due to one’s disability, the use of the statute will only increase. To the extent that those who must comply with the statute also understand its requirements and the threat of successful litigation against them, the extent of voluntary compliance with the law will increase.

-- Excerpted from "Women with Epilepsy: A Handbook for Health and Treatment Issues" edited by Martha J. Morrell, MD and Kerry L. Flynn, M.A. Published by Cambridge University Press, 2003. It is available for purchase in our marketplace.