Employers' Guide to Employing People with Epilepsy

Challenge the myths - become enlightened!
Be an employer who stands for nothing less than equality at the workplace.

Is this what you think when the best person for the job tells you they have epilepsy?

• higher Workers Safety and Insurance Board premiums
• more sick leave
• more accidents & other safety concerns
• lower productivity
• liability concerns

Well, think again!

It is natural to be concerned about issues of safety, reliability and liability if a job applicant or employee has epilepsy or any other disability. However, choosing a candidate based on their qualifications will definitely contribute to the betterment of your organization at large.

Workplace Safety and Insurance Board (WSIB)

Workplace insurance rates are determined by how hazardous the type of work is and the company's overall claims record in the past, not by the physical condition of the individual employees.

In addition, there is another type of claim known as the Second Injury Enhancement Fund to cover someone with a disability who is injured on the job as a result of a disability. If an employee is injured as a result of having a seizure on the job, both the employer and employee are covered, as long as the employer is aware of the condition before the accident occurs. The claim is assessed separately from regular accident claims and is therefore not added to the yearly WSIB rates.

Sick Leave
Having epilepsy does not automatically mean more time off work, nor does it make people less reliable. A common cold or the flu is likely to account for more sick leave than any time taken off due to seizures.

Accidents & Safety

Persons with epilepsy are generally very careful about their own well-being and are no more prone to accidents than anyone else. Research indicates that workers who have epilepsy are, in fact, more aware of potential hazards and are less likely to have an accident at work.

Safety factors depend on many things: the type of seizure; the frequency, intensity and duration of seizures; when seizures occur; and if there is a reliable pre-seizure warning. Safety also depends on the nature of the job itself. Studies show that persons with epilepsy have no more accidents on the job than other workers, when appropriately placed. It is helpful to find out from the doctor if any restrictions have been placed on the individual. If there is a possibility of a seizure at the workplace, first aid procedures should be taught. (See the Safety Considerations section.)

At times, employers experience reluctance from their insurance company to include the employee with epilepsy in a group insurance plan. If the insurance company will not include an employee, the employer must include in the person's salary the amount of money that would have been the company's contribution to the Group Policy Plan, so that the employee can investigate optional plans on their own.

Productivity

Being aware of employers' concerns often means people with epilepsy are keen to prove themselves to be productive, reliable and valuable employees. The difficult part is securing a job in the first place.

Liability

Liability is basically an unnecessary concern for employers. If reasonable precautions have been taken and the employee has been placed in an appropriate job, the employer is not liable for damages in the event of injury at work, unless proven negligent.

Why Hire Someone with Epilepsy?

There are some very good reasons to make a positive hiring decision. Studies show that, on average, people with epilepsy tend to work somewhat more conscientiously than others, to prove themselves. They tend to work more carefully and have fewer accidents. They tend to have more loyalty to their employers, missing fewer days of work. When someone with epilepsy applies for a job with your company, remember these facts. If the person is qualified, the person should be hired. Give the individual the opportunity s/he deserves to be a constructive, useful, self- supporting member of society. Chances are, you'll gain an industrious employee who will make a real contribution to your company's success.

In a vocational centre in the USA where only persons with epilepsy work, there were just 101 accidents (only 25% due to seizures) over a 4 year period. This centre includes work with power saws, welders and rivetting machines. They later received a 20% reduction in workers' compensation rates.

The first few weeks...

"Anticipation is worse than realization." The same holds true for seizures. In most cases, a seizure is not nearly as bad as we imagine. And chances of someone with controlled epilepsy having a seizure on the job are extremely small.
During the first few weeks of employment (the adjustment period), the anxiety and excitement of taking on a new position can cause stress for any new employee. This added stress may bring on a seizure. This is the time when your understanding as an employer is necessary. Your employee will need your co-operation and that of co-workers to ensure success in the workplace.



Helpful Questions for Employers to Ask

When job applicants disclose their epilepsy, you are given an opportunity to find out about their condition and if it will affect their work.

Suggestions for Suitable Questions to Ask

• What kind of seizures do you have and how often do these occur?
• Can you describe what happens when you are having a seizure?
• Do your seizures occur randomly or is there a pattern?
• Is there anything in particular which triggers a seizure?
• If you have a seizure, how long does it take before you can carry on with your work?
• Are there any dependable pre-seizure warnings? (Many persons with epilepsy have adequate warning to allow them to remove themselves from a potentially dangerous situation.)
• Can environmental factors, such as flashing lights, trigger your seizures?
• What should we do if you have a seizure at work?

To assume that a person's epilepsy will preclude doing the job is often a mistake and may be discrimination. Remember, everyone is different, with different types of seizures and seizure characteristics, as well as different skills, talents and interests.

If a potential employee discloses to you that they have a disability, there are guidelines about what an employer may and may not ask.

• An employer may not ask a potential employee about the nature or severity of a disability.
• An employer may not even ask if a potential employee has a disability.
• An employer may ask if a potential employee can carry out the duties of the job with/without reasonable accommodation.
• An employer may ask a potential employee to show how s/he will carry out the duties of the job.
• An employer may not require a medical examination before a potential employee is offered a job.


Physical Examinations

After an employment offer is made, a potential employee may be required to have a physical examination only if all new entering employees for that job are required to have a physical. A potential employee cannot be rejected based on the results of the physical unless the reasons for the rejection are specifically related to the job or are necessary for the conduct of the employer's business. If a potential employee can do the essential work of the job, s/he cannot be turned down because of a disability. Once offered the job, the employer cannot ask for a physical examination or ask questions about a disability unless they are related to the job and necessary for the conduct of the business. The results of all medical examinations must be kept confidential and kept in separate medical files.

Human Rights Complaints Made against an Employer

If, as an employer, you treat all employees with equality and are informed of your responsibilities as an employer, you should never have to deal with allegations of discrimination. However, if a Human Rights Complaint is made against you, the Commission undertakes the following procedure.
1. If the Commission receives a complaint against you, Commission staff will contact you to discuss the matter.
2. Commission staff will explain how the Ontario Human Rights Code applies to the situation and how the complaint procedure works. Commission staff will work with you and the person making the complaint to try to resolve the concerns. The Commission also offers mediation services.
3. If the concerns cannot be resolved and mediation is not successful, the complaint may proceed to the investigation stage.
4. You can ask the Commission not to deal with the complaint under Section 34 of the Code if:
1. another Ontario law, such as the Labour Relations Act, would be better suited to deal with the situation.
2. you believe that the person making the complaint has no reasonable basis to support a claim of discrimination, or that the complaint is in bad faith, or that a remedy has already been obtained by the complainant somewhere else;
3. the matter is outside the Commission's legal authority; or
4. the person making the complaint waited longer than 6 months from the last incident of discrimination to file a complaint.
5. The Commission is neutral and does not take sides in the complaint. Commission staff will assist you with questions about the complaint procedure. However, if you require legal representation or advice, please contact a lawyer.

Other Concerns

Q: What will be the reaction of my employees if someone has a seizure on the job?

A: To a large extent, the reaction of the employer influences the attitudes of other employees. As an employer, you are in an excellent position to develop more positive attitudes towards epilepsy amongst your staff. If a person with epilepsy is hired, or epilepsy is discovered at some later time, employers should discuss with supervisors the possibility of a seizure occurring and the procedure to follow.

Q: What procedure should be followed if a seizure occurs?

A: An employee with epilepsy should notify you if any first aid procedure should be performed in case a seizure occurs during the workday. (Refer to Safety Considerations.)

Q: Do anti-convulsant drugs have any side effects?

A: Most anti-convulsant drugs have some side effects. Unfortunately in the past, these side effects have been attributed to attitude or personality problems. Some side effects may include moodiness, tiredness, stomach pain or nausea. By placing more stress on a person who experiences side effects from these medications, you may also increase the chances of the person having a seizure at work.

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Last Modified: 07/17/2006 01:12:04 PM