Because there is no evidence that the applicant will pose a significant risk of substantial harm while performing the duties of a chef, the employer may not withdraw the job offer.
Some individuals recover immediately from a seizure, while others may be dazed and sleepy for a period of time following a seizure.
The severity of epilepsy and the type of seizure vary from person to person.
For example, if an employer asks all applicants post-offer about their general physical and mental health, it can ask individuals who disclose a particular illness, disease, or impairment for more medical information or require them to have a medical examination related to the condition disclosed. 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?
When an applicant discloses after he has received a conditional job offer that he has epilepsy, an employer may ask the applicant additional questions about his epilepsy, such as whether he has held the same or a similar job since his diagnosis; 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 Americans with Disabilities Act (ADA), which was amended by the ADA Amendments Act of 2008 ("Amendments Act" or "ADAAA"), is a federal law that prohibits discrimination against qualified individuals with disabilities.
Individuals with disabilities include those who have impairments that substantially limit a major life activity, have a record (or history) of a substantially limiting impairment, or are regarded as having a disability.When the interviewer explains that clerks typically walk, take a taxi, or occasionally use the company car to run errands, the applicant discloses that she does not have a driver's license due to epilepsy and, therefore, would have to use some other form of transportation to run errands if she could not walk or take a taxi.Because there is no reason to believe that the applicant will need an accommodation to do the job, the interviewer may not ask the applicant follow-up questions about her epilepsy, such as when she was diagnosed, whether her license was suspended because she had a seizure, or whether anyone else in her family has epilepsy.An employer may not withdraw an offer from an applicant with epilepsy if the applicant is able to perform the essential functions of the job, with or without reasonable accommodation, without posing a direct threat (that is, a significant risk of substantial harm) to the health or safety of herself or others that cannot be eliminated or reduced through reasonable accommodation.("Reasonable accommodation" is discussed in Questions 10 through 15.After making a job offer, an employer may ask questions about the applicant's health (including questions about the applicant's disability) and may require a medical examination, as long as all applicants for the same type of job are treated equally (that is, all applicants are asked the same questions and are required to take the same examination).