What should an employer do when it learns that an applicant has epilepsy after he has been offered a job?
The fact that an applicant has epilepsy may not be used to withdraw a job offer if the applicant is able to perform the fundamental duties (“essential functions”) of a job, with or without reasonable accommodation, without posing a direct threat to safety. The employer, therefore, should evaluate the applicant’s present ability to perform the job effectively and safely. After an offer has been made, an employer also may ask the applicant additional questions about his epilepsy, such as whether he takes any medication; whether he still has seizures and, if so, what type; how long it takes him to recover after a seizure; and/or, whether he will need assistance if he has a seizure at work. The employer also could send the applicant for a follow-up medical examination or ask him to submit documentation from his doctor answering questions specifically designed to assess the applicant’s ability to perform the job’s functions and to do so safely. Example: An experienced chef gets an offer fro
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