Job

[smilemily]

Hello all,
I just interviewed today for my first job! IT will be over the summer, I am applying to be a special needs camp counselor. I have done a lot of volunteer work with special needs kids and feel I am adequate for this position. The problem is my seizures. I understand they cannot purposely not hire me because of them due to ADA. However, on the counselor regulation sheet, one of the conditions is that you "are in good health". I understand the reason behind this precaution but I want the job. What do I do?

Thanks for helping,
Emily

 

[Nakamova]

If you feel that having epilepsy is irrelevant to your ability to do the job, then there is no need to disclose it on the application. You may simple reply that you are in good health. But if your seizures aren't fully controlled, you should consider eventually disclosing it to your boss and/or colleagues. It can be beneficial to everyone involved.

1. May an employer ask a job applicant whether she has epilepsy or about her treatment related to epilepsy before making a job offer?

No. An employer may not ask questions about an applicant's medical condition or require an applicant to have a medical examination before it makes a conditional job offer. This means that an employer cannot legally ask an applicant questions such as:

whether she has epilepsy or seizures;
whether she uses any prescription drugs; or
whether she ever has filed for workers' compensation or been injured on a job.

Of course, an employer may ask questions pertaining to the qualifications for, or performance of, the job such as:

whether an applicant has a driver's license; or
whether he can operate heavy machinery or equipment.

2. Does the ADA require an applicant to disclose that she has epilepsy or some other disability before accepting a job offer?

No. The ADA does not require applicants to voluntarily disclose that they have epilepsy or another disability unless they will need a reasonable accommodation for the application process (for example, permission to bring a service animal to an interview). Some individuals with epilepsy, however, choose to disclose their condition because they want their co-workers or supervisors to know what to do if they have a seizure. Often the decision to disclose depends on the type of seizure a person has, the need for assistance during or after a seizure, the frequency of seizures, and the type of work for which the person is applying.

Sometimes, the decision to disclose depends on whether an individual will need a reasonable accommodation to perform the job (for example, breaks to take medication). A person with epilepsy, however, may request an accommodation after becoming an employee even if she did not do so when applying for the job or after receiving the job offer.

There's more detailed information including answers to the questions below at http://www.eeoc.gov/laws/types/epilepsy.cfm
3. May an employer ask any follow-up questions if an applicant voluntarily reveals that she has epilepsy?
4. What may an employer do when it learns that an applicant has epilepsy after he has been offered a job but before he starts working?

 

[smilemily]

Thank you Nakamova,
I want the job really bad. My seizures, unfortunately, are not well controlled.
Thank you for the quotes, I will use it if anything comes up!