Epilepsy and the Employer
When an employee discloses that s/he has epilepsy, an employer may have a number of concerns. In the past there has been very little information about epilepsy, and like others, employers often have misconceptions and apprehensions.
Productivity
Studies indicate that people with epilepsy work more conscientiously and productively than others, and, on average, tend to miss fewer days of work than their co-workers.
Safety
When hiring someone with epilepsy, employers may be concerned that job safety will be compromised in the event of an injury caused from a seizure in the workplace. They envision Workers' Compensation Board (WCB) rates escalating. WCB rates, however, are not based on the disabilities of the staff.
A recent study revealed that the accident rates of workers with epilepsy were lower than those of employees without a disability. Liability is not a factor as long as the employee has been placed in an appropriate job and reasonable accommodation is provided, as necessary.
Insurance Costs
Some insurance companies may be reluctant to include an employee who has epilepsy in group insurance plans. If the insurance company will not include the employee, the employer must include in the person's salary the amount of money which would have been the company's contribution to the group policy. The employee may then investigate optional plans on their own.
Effect of Seizures on Customers/Clients
There are over 40 types of seizures. In their mildest forms, seizures are almost unnoticeable. The only manifestation of the disorder might be an occasional fluttering of the eyelids, or momentary staring and confusion. There is the possibility that a person with epilepsy may have a "tonic-clonic" seizure. To greatly reduce the chances of having this type of seizure, most people with epilepsy take anticonvulsant medication daily. These drugs have been extremely successful in dramatically reducing or completely eliminating seizures.
In the event that an employee does experience a tonic-clonic seizure, ensure that first aid measures are followed, ask a co-worker to remain with the person until the seizure has finished, and then briefly explain to customers/clients that the person is having a seizure. Encourage others to resume activities. Seizures do not usually last more than a few minutes. Information about epilepsy should be kept available and given to a person who has witnessed a seizure for the first time.
Co-workers
It is important to respect an employee's privacy. Sometimes it may be necessary to inform co-workers of an employee's epilepsy. Always discuss this with the employee before any information is disclosed. The employee should be the person to inform their co-workers about their epilepsy.
When considering a prospective employee, it is illegal to ask potential co-workers whether they feel "comfortable" about working with a person who has epilepsy. Asking this question implies something is wrong. It is not an acceptable consideration in determining a work situation and is insulting to people who have epilepsy.
Uncertainty About First Aid Procedures
There are specific procedures to be followed during various types of seizures. Request information from the employee about necessary first aid procedures in the event of a seizure. A concise seizure first aid chart, readily accessible to all employees, will assist others in helping an employee who is experiencing a seizure.
Accommodation
An accommodation is an adjustment that is necessary in the workplace to enable a person with epilepsy to perform their job. Accommodations are determined by doing a physical demand analysis, or a breakdown of the exact physical requirements necessary to perform a job. For example, if an employee has photosensitive seizures (which may be triggered by flashing lights) and an essential duty of the job is to work on a video display terminal, then reasonable, necessary accommodation would be to replace the flashing cursor on the monitor with a steadily-lit cursor. If an employee has nocturnal seizures, then the employer should accommodate the employee by assigning day shifts.
Another type of accommodation which may be required is time to rest following a seizure. This period may only be a few minutes of disorientation, or it may mean an hour of sleep. Employers should not insist that an employee go home; they are not sick, and will resume their duties as soon as they are able to.
Legalities in an Interview Situation
In Ontario, it is illegal to ask questions about medical problems on an application form. Medical problems during an interview must be restricted to inquiries that will determine if reasonable accommodation will be necessary. "Do you have epilepsy?" is not permissible.
If a prospective employee reveals that they have epilepsy during an interview, it is reasonable for the employer to inquire about the type of seizure the person experiences and what accommodations might be required.
