One of the most important issues for many people with epilepsy is employability. Under the Americans with Disabilities Act (ADA), employers are not permitted to discriminate against qualified applicants or employees based on disability. However, the rules that govern whether an individual’s epilepsy is classified as a disability are complex.

The Equal Opportunity Employment Commission (EEOC) is the government agency that regulates and enforces the ADA. According to its guidelines, epilepsy may be classified as a disability if the condition substantially limits one or more aspects of basic daily life, such as the ability to walk, see, speak, concentrate, sleep or care for oneself. In addition, these limitations must occur despite treatment in order to prove a substantial impairment.

According to the EEOC, substantial impairment may occur as the result of seizures or due to side effects or complications of seizure medications. The impairment may exist in the present or have existed some time in the past and still be considered a disability. Also, a person’s epilepsy may be considered a disability under the ADA if it does not significantly impact daily activities, but an employer treats the person as if it does.

People are advised to consult their physician about the nature of their epilepsy and whether it may be classified as a disability. People who feel they have been discriminated against based on their condition should contact the EEOC or an advocacy group such as the Epilepsy Foundation. 

For people with well-controlled seizures, there may be few limitations on the types of employment available to them. However, there are several occupations that may not be appropriate for individuals with epilepsy, regardless of how well their seizures are controlled. These occupations may include being a pilot, firefighter, emergency response staff member, or any other occupation where a momentary lapse of concentration could endanger lives.

People who are unable to control their seizures effectively may be restricted to occupations that do not involve driving or operating machinery. Those with intractable epilepsy, which does not respond to medications, may be limited to working from home or be unable to engage in employment at all.