Workplace Rights & Realities

The question everyone asks first. The answer: not for having epilepsy. But the details matter.

Under the ADA, epilepsy is a covered disability. Your employer cannot fire you, refuse to hire you, demote you, or deny you a promotion because you have epilepsy. They’re required to provide reasonable accommodations unless it would cause undue hardship.

But here’s what the law doesn’t prevent: employers finding other reasons. Three-quarters of epilepsy discrimination claims filed with the EEOC involve post-hire issues — termination, disciplinary actions, promotion denial, harassment. Not hiring discrimination. The discrimination that actually happens is subtler: you get written up for attendance after seizure-related absences. Your performance review changes after a visible seizure. The promotion goes to someone else with no explanation.

Knowing your rights doesn’t guarantee they’ll be respected. But not knowing them guarantees you can’t defend yourself.

If something has already happened: You generally have 180 days from the discriminatory act to file with the EEOC (300 days in states with their own anti-discrimination agencies). This deadline matters — missing it can close your legal options entirely. Don’t wait to “see how it plays out.”

You’re covered. Epilepsy is a disability under the ADA. You don’t have to prove it qualifies — it does.

Reasonable accommodations are required. Your employer must provide adjustments that let you perform the essential functions of your job, unless those adjustments would cause significant difficulty or expense (the “undue hardship” standard). Most epilepsy accommodations cost nothing.

The interactive process. Accommodation isn’t a one-sided demand. It’s a back-and-forth conversation between you and your employer to find what works. If they deny one request, they’re required to explore alternatives with you.

Medical confidentiality. Your employer must keep your medical information confidential. Only supervisors who need to know for accommodation purposes, and safety/first-aid personnel, should be informed. Your employer cannot tell coworkers you have epilepsy — even after a witnessed seizure.

No pre-offer medical questions. During the hiring process, employers cannot ask about medical conditions or require medical exams before making a conditional job offer. After an offer, they can ask — but only if they ask everyone in that role the same questions.

The “direct threat” standard. An employer can only exclude you from a job for safety reasons if you pose a “significant risk of substantial harm” that can’t be reduced through accommodation. This must be based on individualized assessment and current medical evidence — not stereotypes, fear, or generalizations about epilepsy.

Comorbidities count too. If you have depression, anxiety, cognitive effects, or other conditions alongside epilepsy — which is common (people with epilepsy are significantly more likely to have 4+ co-occurring chronic conditions) — the ADA covers those as well. Your accommodation needs may be driven by medication side effects or comorbid conditions, not just seizures.

Being honest about limitations builds trust.

At-will employment. In most states, you can be fired for any reason that isn’t discriminatory. If your employer has a legitimate, non-epilepsy-related reason for termination, the ADA doesn’t prevent it. The challenge is proving the real reason was your disability when the stated reason is something else.

Small employers. The ADA applies to employers with 15 or more employees. If you work for a smaller company, federal ADA protections may not apply — though some states have their own disability discrimination laws with lower thresholds.

Independent contractors. ADA protections apply to employees, not contractors. The gig economy has complicated this significantly.

The gap between law and enforcement. This deserves more than a mention — it’s one of the biggest practical barriers. Filing an EEOC complaint takes time, evidence, and often legal help. The process can take months to years. Many people with valid claims never file because the process feels overwhelming or because they can’t afford to risk retaliation. Research suggests that fear of discrimination is sometimes “more vocationally limiting than the seizures themselves” — and that fear isn’t just about what might happen, it’s about knowing that enforcement is uneven even when it does.

The law exists. Enforcement is imperfect. Documentation is your best protection in the gap between the two.

Driving restrictions are one of the most practically devastating consequences of epilepsy for working adults. And unlike most ADA issues, driving laws vary by state.

Every state allows people with controlled seizures to drive. But the seizure-free period required before you can get or keep your license ranges from 3 months to 12 months depending on where you live. Some states require physician reporting; others leave it to the patient.

This matters for employment because many jobs — formally or informally — require driving. Even when driving isn’t in your job description, the inability to commute can limit which jobs are accessible, especially in areas without public transit. And the problem compounds: if you can’t drive reliably, it’s harder to get to medical appointments, which affects seizure control, which extends your driving restriction. It’s a cycle.

Accommodations exist: telework, schedule adjustments for transit, pairing with a coworker for off-site meetings. But the driving issue is often the first concrete collision between epilepsy and work, and it catches people off guard.

If things go wrong, documentation is your strongest tool. If things don’t go wrong, documentation costs you nothing.

Keep records of:

• When you disclosed (date, to whom, what you said)
• Accommodation requests (what you asked for, when, the response)
• Performance reviews (save copies — note any changes after disclosure or a seizure)
• Any comments, emails, or actions that suggest your epilepsy is being held against you
• Medical documentation from your neurologist supporting your accommodation needs

Why this matters: EEOC complaints and legal claims require evidence. “They treated me differently after my seizure” is a feeling. “My performance rating dropped from ‘exceeds expectations’ to ‘meets expectations’ in the review immediately following my workplace seizure, despite no change in output” is a case.

You may never need any of this. But if you do, you’ll be glad you have it.

Talk to a lawyer if:

• You’ve been fired or demoted after disclosing epilepsy or having a seizure at work
• Your accommodation requests are being denied without an interactive process
• You’re experiencing harassment related to your epilepsy
• You’re being held to different standards than coworkers

Many employment attorneys offer free initial consultations. Your local Epilepsy Foundation chapter may have legal referral resources. The EEOC handles complaints at no cost — though the process can be slow.

File with the EEOC if:

• You believe you’ve been discriminated against because of epilepsy
• Deadline: 180 days from the discriminatory act (300 days in some states). This is not flexible. Mark it on your calendar.

We’re not lawyers. We can’t tell you whether your situation is discrimination. But we can tell you that the resources to find out exist, and using them isn’t overreacting.