May an employer ask any follow-up questions if an applicant voluntarily reveals that she has epilepsy?
If an applicant voluntarily discloses that she has epilepsy, an employer only may ask two questions: whether she needs a reasonable accommodation, and if so, what type. The employer also must keep any information an applicant discloses about her medical condition confidential. Example: An individual applies for a data clerk position. She tells the interviewer that she does not have a driver’s license due to epilepsy and will need a flexible schedule because public transportation is not always reliable.(1) She also mentions that she has not had a seizure in more than six months. The interviewer may ask the applicant additional questions about her requested accommodation, such as how early she can start to work and how many hours she can work each day, but cannot ask for details about her epilepsy, such as how long she has had epilepsy or whether she has had to miss work in the past because of her condition.
