Employment Help With Epilepsy

 

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    This video explains the role of the Americans with Disabilities Act (ADA) in the employment process.

    Disclosure of Epilepsy in the Workplace

    You are under no obligation to disclose your epilepsy to your employer.  As the video above explains, The Americans with Disabilities Act (ADA) prohibits employers from asking any questions about disability during the hiring process or after someone is hired. You may have to disclose your disability if you ask for a reasonable accommodation, but even those inquiries are limited.   

    Safety Sensitive Jobs for Epilepsy

    Jobs with Safety Components and the Americans with Disabilities Act (ADA)

    People with epilepsy are successfully employed in a variety of jobs where the ability to perform safely is a component, including: police officer, firefighter, welder, butcher, construction worker, among many others. Epilepsy is a disability that is individualized and generalizations about an individual’s ability to safely perform particular jobs should be rejected. The Americans with Disabilities Act requires an individualized assessment of a person with epilepsy’s ability to safely perform the job. 

    Under the ADA, employers may not exclude applicants or employees for safety reasons unless there is specific medical documentation, reflecting current medical knowledge, that the individual would pose a "direct threat" to health and safety. The Equal Employment Opportunity Commission (EEOC), which is the federal agency implementing the private employment section of the ADA, has defined "direct threat" as a significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation. The determination that an individual poses a "direct threat" is to be made on a case-by-case assessment of the individual's present ability to safely perform the essential functions of the job. The employer must identify the specific risk posed by the individual. The employer's assessment is to be based on a reasonable medical judgment that relies on the most current medical knowledge and/or the best objective evidence.

    In determining whether an individual would pose a direct threat, an employer should consider the following factors: the duration of the risk; the nature and severity of the potential harm; the likelihood that the potential harm will occur; and the imminence of the potential harm.

    If you believe you have been unfairly denied an opportunity in connection with a safety-sensitive job (or in another employment context), you may file a complaint with the EEOC or a state fair employment practices agency (for more information, see the Foundation's fact sheets on filing such a complaint). While you are not required to have an attorney to file a complaint, you may wish to consult a local attorney to learn how the law applies in your situation and for advice on how to proceed.

    For more information:

    Tips for Workplace Safety

    • Review any job-related risks that apply to you.
    • Can something be changed to improve safety?
    • Consider telling your co-workers you have epilepsy and the correct first aid for the type of seizure you have.
    • Climb only as high as you can safely fall, especially on a concrete floor, unless you are protected by a reliable safety harness and wearing a secure hard hat or helmet.
    • When working around machinery, check for safety features, such as automatic shut offs or safety guards.
    • Try to keep consistent work hours so you don't have to go a long time without sleep.
    • If you are sensitive to flashing lights, try to limit your exposure. Look away if you can. Use dark glasses. Some people think blue lenses work best.
    • Does stress make your seizures worse? Is your job a very stressful one? Look at ways to reduce stress on the job.

    Specific Career Information

      Air Traffic Controller and Epilepsy

      People with epilepsy can and do work in virtually every sector of the labor force, making important, ongoing contributions to the American economy. Some jobs, like air traffic controllers, are governed by a carefully crafted set of medical standards that must be met to be eligible for employment. Any applicant for those positions must meet those medical standards. If a person with epilepsy were to apply, they would be held to the same set of medical standards as all other applicants.

      For more information about the air traffic control specialist position and application process, including medical standards and basic requirements, from the Federal Aviation Administration.

      Commercial Truck Driver

      The U.S. Department of Transportation (DOT) regulations bar people with a diagnosis of epilepsy or medical history of seizures from driving trucks in interstate commerce (Title 49 of the Code of Federal Regulations Part 391 "Federal Carrier Safety Regulations"). The regulations only cover truckers who cross state lines as part of their job. Find information from DOT's Federal Motor Carrier Safety Administration on its commercial driver's license program. 

      There is a narrow waiver program that can be found at Federal Seizure Exemption Application | FMCSA.

      FBI Agent and Epilepsy

      The Federal Bureau of Investigations does not have a policy restricting the employment of people with epilepsy or a medical history of seizures. Each applicant's fitness for duty is reviewed on an individual basis by medical staff as required by Section 501 of the Rehabilitation Act of 1973. FBI applicants must complete an application form, written examination, interview process, background check, polygraph test, and medical exam. The medical exam is administered after the candidate successfully completes all other tests and has received a conditional offer of employment.

      There is no established minimum period during which a person must be seizure-free to pass the medical exam. Generally, applicants whose seizures are well-controlled, with or without medication, may successfully pass the medical exam. Once an applicant is accepted, the individual must undergo physical examinations every 18 months. If an agent has a seizure while on duty, they are placed on "medical mandate," restricting certain duties until the condition can be controlled and their return to full duty is a proved by medical personnel.

      For more information about the FBI hiring process call (202) 324-3000.

      Medical Personnel and Epilepsy

      There are no federal laws barring people with epilepsy from working as a nurse, physician, phlebotomist or other medical-related position. In fact, federal civil rights law, and many state laws, may protect your right to work in the medical profession.

      Under federal law, an employer generally cannot refuse to hire or fire an individual with a disability who is qualified to perform the essential functions of the job, with or without a reasonable accommodation, because of their disability. The only two exceptions are 1) if the individual poses a "direct threat" to the health or safety of themselves or others, and this risk cannot be eliminated by using a reasonable accommodation, or 2) providing the reasonable accommodation would impose an undue burden on the employer in terms of expense or administration. Reasonable accommodations for medical professionals with epilepsy may, depending upon the job and the individual's medical condition, include shift changes, working part-time, regular breaks and temporary reassignment of certain tasks until seizures are controlled for three months, as well as other modifications.

      Private hospitals and facilities, as well as those run by state and local governments, must comply with the employment provisions of the Americans with Disabilities Act. Those private and state-run hospitals that receive federal funding, such as Medicare reimbursement, must also comply with Section 504 of the Rehabilitation Act of 1973. Federally operated hospitals such as Veterans Administration Hospitals must comply with Section 501 of the Rehabilitation Act of 1973.
       

      Military Service

      Although there are many laws now that protect individuals with disabilities, the armed services are not required to follow them. Instead, the military is exempt from the mandates of non-discrimination imposed by the civil rights laws on the federal government. According to the Department of Defense, the military discriminates against people with epilepsy because it wants military people to be available for worldwide service at any time and with few limitations. Assignments may be made to areas where medical facilities are nonexistent or inadequately equipped to treat particular disorders. Although there are provisions for retaining members who develop a medical condition which prohibits them from being assigned to such areas, the size of this population must be kept as small as possible to prevent an inability to deploy personnel in the event of a military emergency.

      Enlistment

      Prior to 1982, any history of seizures after age five was a complete bar to admission into any branch of the U.S. Armed Forces. In 1982, the Department of Defense revised its regulations governing admission into the armed services. The regulations now state that an applicant will be considered on an individual basis if there has been no seizure recurrence since age five, or the applicant has been seizure-free without medication for the five years immediately prior to the application. The Air Force's medical standards for flying training, however, are more stringent. These disqualify anyone with any history of paroxysmal convulsive disorders, except that seizures associated with febrile illness before five years of age may be acceptable if the electroencephalogram (EEG) is normal.

      The requirement that the applicant be off medication is strictly applied. The military's reason for the 'no medication' rule is their concern about the availability of medication in other countries, coupled with the requirement of worldwide service, including areas where medical facilities are nonexistent or inadequately equipped to treat particular disorders.

      People who have been denied entrance into the armed services based on their history of epilepsy may wish to protest their disqualification by writing to their elected officials as they may be in the best position to effect change.

      Retention

      The military may be more lenient about medication use once someone is already in the military and develops a condition such as epilepsy. Regulations state that an individual will be separated upon developing convulsive disorders, "...when seizures are not adequately controlled (complete freedom from seizure of any type) by standard drugs which are relatively nontoxic and which do not require frequent clinical and laboratory re-evaluation." There is no guidance as to how long an individual should be evaluated prior to making a determination about whether their seizures can be successfully controlled on medications. Usually the Medical Review Board (MRB) does the evaluation and makes recommendations as to what types of duties the individual should be assigned to or whether they should be retained by the military at all. Each branch of the military has different options for the MRB to choose from in making their recommendations.

      People are assessed on a case-by-case basis. An enlistee has no right to be retained. Practically speaking, it appears that although the regulations no longer state that development of a seizure disorder is automatic grounds for separation, a person with a seizure disorder is unlikely to stay in the military.

      Upgrading a Discharge

      When individuals are discharged from the military for medical reasons (usually a "disability separation" or "medical condition expected prior to service"- EPTS), their records do not always reflect the reason. How you are discharged can affect your veteran's benefits in the future; therefore, it is important for your record to reflect a medical discharge correctly. There are two forums which can upgrade a military discharge. They are the Discharge Review Boards (DRB) and the Boards for Correction of Military Records (BCMR). Each military service has one. An applicant must apply to a DRB if the discharge is within 15 years. A personal appearance hearing is guaranteed. Appeals from denial of full relief at a DRB can then be presented to a BCMR.

      The National Veterans Legal Services Project (NVLSP) recommends the following process to people who wish to upgrade their discharge from the military. First, apply to the DRB for review of the circumstances under which one was discharged. The time limit for making this request is 15 years from the date of discharge and it is recommended that an individual request a "personal appearance hearing" at which they can present testimony. Normally, such a hearing will be granted within one year of the date of the request. At the DRB hearing, it is important for the applicant to show, using appropriate supporting documents, that there is an explanation for the incidents that led to the discharge. If you believe that your epilepsy was a factor in your being discharged, it will be important for you to present evidence to support that belief. In addition, it would be helpful for you to present an expert witness on epilepsy, or the statement of an expert, to support this conclusion.

      Changing an Administrative Discharge

      The DRB can change the reason and type of an administrative discharge; however, it cannot change an administrative discharge to a discharge for disability. To change the nature of your discharge from an administrative to medical, you will have to apply to a BCMR. Your chances of getting the change from this board are improved if you have been successful before the DRB. There is a 3-year statute of limitations in applying to the BCMR; however, this limitation may be waived if it is in "the interest of justice." A personal appearance before the BCMR is rarely permitted and the board typically takes from six months to 15 months to decide on an application.

      It is important to note that the burden is on the applicant to prove the discharge to be either illegal or unfair. The boards tend to view discharges historically, trying to decide whether a discharge issued years ago would be issued under today's more liberal standards, or whether it is still fair to continue the stigma of a bad discharge. In deciding whether a discharge was improper or unfair, the Boards are obliged to review the applicant's military records. However, military records usually contain only information to support the original discharge action. Therefore, the applicant must present their version of the case, the arguments as to why the discharge was improper or inequitable and any other evidence that supports their version of events. Evidence may be submitted at any time after the applications to the boards are filed.

      Any Veteran's Affairs Office can provide you or your client with the forms necessary to begin the review process or you can get them from the Department of Defense over the internet. NVLSP sells a comprehensive manual on Military Discharge Upgrading. Their address and phone number are: 2001 S. Street, N.W., Suite 610, Washington, D.C. 20009, (202) 265-8305. You can also visit NVLSP's site can also be located over the internet.

      Pilots

      Federal regulations, in effect, bar anyone with a history of epilepsy, who have been diagnosed with epilepsy or who have experienced a "disturbance of consciousness without a satisfactory medical explanation of the cause," from obtaining any type of pilot's license.

      Under Federal Aviation Administration (FAA) regulations, to obtain a pilot's license for commercial, private or transport purposes, the applicant must obtain a medical certificate from an FAA-approved physician. To obtain such a certificate, however, an individual cannot have any established medical history or diagnosis of epilepsy or disturbance of consciousness (Title 14 of the Code the Federal Regulations, Part 67 entitled, "Medical Standards and Certification").

      However, the Office of Federal Air Surgeon does make exceptions to these regulations upon appeal in limited cases. Although medical personnel review cases on an individual basis, they generally grant exemptions to Part 67 for applicants who have been seizure-free without medication for 10 or more years.

      To our knowledge, there are no federal laws restricting people with epilepsy from obtaining employment in other airline positions, such as flight attendant, baggage handler, and maintenance crew. Federal and state civil rights laws may protect your right to work in these professions. Private airlines must comply with the Americans with Disabilities Act. The FAA and other federal agencies that employ these positions must comply with Section 501 of the Rehabilitation Act of 1973.

      Customs and Border Patrol Agent

      The Immigration and Naturalization Service (INS) does not have a formal policy regulating the employment of people with epilepsy and considers each applicant on an individual basis as required by Section 501 of the Rehabilitation Act of 1973. The pre-employment screening process for border patrol agents and other INS law enforcement positions, including immigration inspector, special agent, criminal investigator and detention/deportation officer, includes a drug test, security background check and a medical examination with a contracted physician in the applicant's area. The medical exam includes a self-certification component and a physical exam.

      Applicants must successfully pass the medical exam to obtain employment. Individuals with nocturnal seizures or those who have been seizure-free for several years, with or without medication, are most likely to meet the medical qualifications. The INS does not require a standard seizure-free period. There is a formal appeals process for individuals who wish to challenge medical exam findings.

      For more information about the border patrol application process and qualification criteria, call (800) 238-1945.

      Firefighter or Law Enforcement

      Were you told you can't be a police officer or firefighter because you have epilepsy? If so, we want to know. Please share your story via email at [email protected]. Be sure to include your name, address, and phone number so that we can contact you.

      There are no federal laws barring people with epilepsy from working as a firefighter, police officer, correctional officer, or in other law enforcement officer (LEO) jobs. In fact, federal civil rights law, and many state laws, may protect your right to work in these professions. Some private organizations do, however, recommend that LEOs and firefighters meet certain medical requirements as a precondition for employment. These requirements, which have the effect of excluding many people with epilepsy from serving as a firefighter or LEO, have been adopted by many fire and police departments across the country. We believe such blanket policies violate federal civil rights laws and many state civil rights laws.

      Under federal law, an employer generally cannot refuse to hire or fire an individual with a disability who is qualified to perform the essential functions of the job, with or without a reasonable accommodation, because of their disability. The only two exceptions are 1) if the individual poses a "direct threat" to the health or safety of himself or others, and this risk cannot be eliminated by using a reasonable accommodation, or 2) providing the reasonable accommodation would impose an undue burden on the employer in terms of expense or administration. Reasonable accommodations for LEOs with epilepsy may, depending upon the job and the individual's medical condition, include shift changes, working part-time, regular breaks, and temporary reassignment of certain tasks until seizures are controlled for a specific period, as well as other modifications.

      The employer must determine, on a case-by-case basis, whether the individual is qualified to perform the essential functions of the job and whether a reasonable accommodation is available, if necessary. Consideration should be given to such issues as the specific seizures the individual experiences (time of day they occur, whether they are preceded by an aura, etc.) and the circumstances that may trigger them (such as sleep deprivation).

      To learn more about your rights under federal law, read our fact sheets on each federal law. State and local police and fire departments, as well as privately-operated police departments, must comply with the employment provisions of the Americans with Disabilities Act. Federal agencies that employ LEOs and firefighters must comply with Section 501 of the Rehabilitation Act of 1973.
       

      Mail Carrier

      The United States Postal Service (USPS) will consider qualified applicants with epilepsy for any position, including mail carrier, mail handler and administrative, on a case-by-case basis as required by Section 501 of the Rehabilitation Act of 1973. Some positions, however, require a valid federal commercial driver's license. All applicants are required to complete a written exam (applies to only some positions), medical exam by a postal contract physician, drug screening, and safe driving background check (applies only to positions that require driving).

      USPS medical officials assess the qualifications and medical history of people with epilepsy on an individual basis to determine whether he or she can safely perform the position for which he or she applied. USPS regulations indicate that applicants with epilepsy, related seizure disorders or who have a history of seizures must present documentation to the postal contract physician that fully describes the extent of the disorder, treatment program and prognosis (Handbook EL-806, part 153.4 entitled, "Health and Medical Service"). The doctor must also indicate the applicant's level of seizure control, including medication levels and time seizure-free. There is an informal appeals process to challenge the findings of a medical exam. More general information about the USPS's application process. 

      Articles for Review

      Study Confirms Vocational Rehabilitation Improves Employment Outcomes for People with Epilepsy, January 2015

      Reviewed By:

      Allison Nichol, Esq.

      on Tuesday, August 18, 2026

      Resources

      Epilepsy Centers

      Epilepsy centers provide you with a team of specialists to help you diagnose your epilepsy and explore treatment options.

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      Epilepsy Medication

      Find in-depth information on anti-seizure medications so you know what to ask your doctor.

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      Epilepsy and Seizures Helpline

      Call our Epilepsy and Seizures Helpline and talk with an epilepsy information specialist or submit a question online.

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      Tools & Resources

      Get information, tips, and more to help you manage your epilepsy.

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      Referrals to Legal Resources

      People living with epilepsy shouldn't have to face discrimination. Know your rights and how to defend them.

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