When may an employer prohibit a person who has epilepsy from performing a job because of safety concerns?
An employer may prohibit a person who has epilepsy from performing a job when it can show that the individual may pose a direct threat. In making a “direct threat” assessment, the employer must evaluate the individual’s present ability to safely perform the job. The employer also should consider: (1) the duration of the risk; (2) the nature and severity of the potential harm; (3) the likelihood that the potential harm will occur; and, (4) the imminence of the potential harm. The harm also must be serious and likely to occur, not remote and speculative. Finally, the employer must determine whether any reasonable accommodation would reduce or eliminate the risk.
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