As a family member of someone who is currently at war and living with epilepsy—while searching for medical care that can truly control this devastating condition—this issue is not academic to me. It is personal. I have seen how difficult it is to manage seizures, medication changes, side effects, and constant uncertainty, even before workplace stress enters the picture.
No one should have to endure punishment at work for having a medical condition. Yet many employees with epilepsy face exactly that reality.
Epilepsy Is a Protected Disability Under Federal Law
The Americans with Disabilities Act (ADA) recognizes epilepsy as a disability when it substantially limits one or more major life activities. The law expressly includes neurological and brain function, consciousness, thinking, and concentrating as major life activities.
The ADA also protects people with episodic conditions, conditions controlled by medication, and a history of epilepsy. Congress made this protection clear through the ADA Amendments Act of 2008, which expanded the definition of disability and rejected narrow interpretations that had excluded many workers.
Employer Obligations Under the ADA
The ADA prohibits covered employers from discriminating against qualified individuals because of disability, denying reasonable accommodations for known disabilities, or retaliating against employees who request accommodations or assert ADA rights.
A qualified individual is someone who can perform the essential functions of the job with or without reasonable accommodation.
The Interactive Process Is Mandatory
Once an employer knows about a disability and the need for accommodation, the law requires the employer to engage in a good-faith interactive process. Employers may not ignore requests, stall indefinitely, automatically deny accommodations, or force employees onto unpaid leave instead of providing accommodations.
Reasonable Accommodations for Epilepsy
Reasonable accommodations for epilepsy can include modified schedules, leave for medical appointments or post-seizure recovery, breaks to take medication, temporary duty modifications during medication changes, or access to a private space to rest after a seizure. Employers must provide an effective accommodation unless it would cause undue hardship.
Undue Hardship Is a High Legal Standard
Undue hardship requires significant difficulty or expense when viewed in light of the employer’s size, resources, and operations. Minor inconvenience, rigid policies, or generalized safety concerns do not meet this standard. Employers must rely on objective evidence—not stereotypes—when claiming undue hardship.
How Epilepsy Discrimination Commonly Appears
In practice, epilepsy discrimination often shows up as discipline for seizure-related absences, rigid enforcement of no-fault attendance policies, sudden negative performance reviews after disclosure, schedule changes that worsen symptoms, pressure to take unpaid leave, or labeling an employee as a safety or liability concern.
Retaliation Claims Are Often the Strongest
The ADA prohibits retaliation. Employers may not punish employees for requesting accommodations, reporting discrimination, or participating in investigations. Retaliation often takes the form of reduced hours, write-ups, reassignment, isolation, or termination disguised as performance issues. Timing often provides the strongest evidence.
Illinois Law: The Illinois Human Rights Act and IDHR
Illinois law provides additional protections through the Illinois Human Rights Act (IHRA). The IHRA prohibits disability discrimination, failure to accommodate, and retaliation by employers operating in Illinois, including public employers.
Employees typically begin IHRA claims by filing a charge with the Illinois Department of Human Rights (IDHR). The IDHR can investigate claims, request documents, interview witnesses, and issue findings. If the agency finds substantial evidence, the case may proceed before the Illinois Human Rights Commission or resolve through settlement.
Illinois law often extends beyond federal protections and may offer additional remedies. Filing with the IDHR can preserve claims even when federal deadlines have passed, though strict timing requirements still apply.
Documentation Is Critical
Employees facing epilepsy-related discrimination should document issues early and consistently. Key evidence includes disclosure dates, accommodation requests, employer responses, attendance records, performance evaluations, disciplinary actions, and treatment changes following disclosure. Employees should keep records outside employer systems whenever possible.
Administrative Deadlines Matter
Disability discrimination claims carry strict filing deadlines. Many claims require filing with the EEOC or IDHR before an employee can file a lawsuit. Waiting until termination often weakens a case, as many of the strongest claims arise while the employee remains on the job.
You Are Not the Problem
Epilepsy already demands resilience. The law recognizes that employees should not have to choose between their health and their livelihood. If an employer denies accommodations, escalates discipline, or quietly pushes an employee out, those actions warrant legal scrutiny.
At 1818, we represent employees in disability discrimination and retaliation cases, including those involving epilepsy and other neurological conditions. Many strong cases begin before termination—when warning signs first appear.
Contact 1818 so we can help you today.
