Firing you because you have epilepsy is illegal under federal law. The Americans with Disabilities Act (ADA) protects employees with epilepsy from discrimination in hiring, promotion, discipline, and termination, and it applies to any employer with 15 or more workers. The protection is not absolute. An employer can still let you go for genuine performance problems, misconduct, or a real safety risk that accommodations cannot solve. But the reason has to be honest, documented, and something that would have applied to any employee. If epilepsy is the actual reason you were fired, the law is on your side.
When Firing You for Epilepsy Violates the Law
The ADA prohibits employers with 15 or more employees from discriminating against qualified individuals with disabilities in any aspect of employment.1U.S. Department of Justice. Guide to Disability Rights Laws Epilepsy is a covered condition, and after the 2008 ADA Amendments Act (ADAAA), that coverage is essentially settled. The updated regulations identify epilepsy as an impairment that should “virtually always” be found to be a disability, and they added neurological function to the list of major bodily functions covered by the law.2U.S. Equal Employment Opportunity Commission. Questions and Answers on the Final Rule Implementing the ADA Amendments Act of 2008 Employers can no longer argue that your epilepsy isn’t serious enough to qualify.
Federal employees get similar protection under the Rehabilitation Act of 1973.3U.S. Equal Employment Opportunity Commission. Epilepsy in the Workplace and the ADA If your workplace is too small for the ADA’s 15-employee threshold, check your state law. Many states have their own disability discrimination statutes that reach smaller employers.
When Termination Can Still Be Lawful
The ADA guarantees that epilepsy won’t be the reason you lose your job. It doesn’t guarantee you can never be fired. Two categories of termination remain lawful.
The first is any legitimate, non-discriminatory reason: poor performance, policy violations, misconduct, layoffs, or restructuring, provided the same standard would apply to any other employee. Courts examine whether the employer’s stated reason holds up. If the reason looks like a pretext, meaning it doesn’t match the facts or the employer has been inconsistent about it, a jury can infer the real motivation was discriminatory.
The second is the “direct threat” defense, and this is where most epilepsy firings actually get contested. An employer can exclude you from a job for safety reasons only if you pose a significant risk of substantial harm to yourself or others that cannot be eliminated or reduced through reasonable accommodation.4GovInfo. 42 USC 12111 – Definitions The employer cannot rely on stereotypes or generalized fears about seizures. The assessment must be individualized and based on current medical evidence, weighing four factors:3U.S. Equal Employment Opportunity Commission. Epilepsy in the Workplace and the ADA
- How long the risk would last
- The nature and severity of the potential harm
- The likelihood the harm will actually occur
- How imminent the harm is
The risk must be serious and probable, not speculative. Firing a desk worker on a “what if they fall during a seizure” theory, without evidence that seizures are likely or that a fall would cause serious harm, won’t survive scrutiny. Blanket policies excluding everyone with epilepsy from certain roles are illegal. Each person gets evaluated on their own seizure history, treatment, and actual job duties.3U.S. Equal Employment Opportunity Commission. Epilepsy in the Workplace and the ADA Not holding a driver’s license doesn’t disqualify you from a job where driving isn’t essential.
Even in a genuine safety case, the employer has to show it went through the interactive process, considered accommodations in good faith, and made the decision on objective evidence rather than assumptions about what people with epilepsy can and can’t do.
Accommodations Your Employer Must Consider First
Before termination is on the table, your employer is required to work with you on reasonable accommodations that let you do the job. This obligation runs unless the accommodation would cause the business significant difficulty or expense.3U.S. Equal Employment Opportunity Commission. Epilepsy in the Workplace and the ADA “Inconvenient” or “unusual” doesn’t clear that bar.
Depending on how your epilepsy affects you, accommodations the EEOC recognizes include breaks to take anti-seizure medication, leave to adjust to a new prescription or recover from a seizure, a quiet space to rest after a seizure, cushioned flooring, schedule changes, permission to work from home, or reassignment to a vacant position if you can no longer do your current one safely.3U.S. Equal Employment Opportunity Commission. Epilepsy in the Workplace and the ADA If more than one accommodation would work, your preference gets primary consideration, but the employer can pick a cheaper effective option.
You may also qualify separately for up to 12 workweeks of unpaid, job-protected leave under the Family and Medical Leave Act for recovery time.5U.S. Department of Labor. Fact Sheet 28P – Taking Leave from Work When You or Your Family Has a Health Condition FMLA leave can be taken in short blocks, which fits the unpredictable timing of seizures. Firing someone for using FMLA leave they were entitled to is a separate violation on top of any ADA claim.
If you asked for an accommodation, were denied without a real interactive process, and then fired, the sequence itself is evidence of discrimination.
Disclosing Your Condition and Keeping It Private
You don’t have to tell your employer you have epilepsy unless it affects essential job functions or you need accommodations. If you do disclose, the ADA requires your employer to keep the information confidential and store medical records separately from your regular personnel file.6U.S. Equal Employment Opportunity Commission. The ADA – Your Responsibilities as an Employer Only a narrow group can be told: supervisors managing work restrictions, first aid or safety personnel who may need to respond to a seizure, and government investigators.7Office of the Law Revision Counsel. 42 USC 12112 – Discrimination Improper disclosure is itself an ADA violation, even when you weren’t demoted or fired.
When you request accommodations, put it in writing and include documentation from your doctor. That creates a record protecting you if the employer later claims you never asked.
Retaliation Is a Separate Violation
Your employer cannot punish you for requesting accommodations, filing a discrimination complaint, or participating in an ADA investigation.8GovInfo. 42 USC 12203 – Prohibition Against Retaliation and Coercion Retaliation isn’t limited to termination. It can be a demotion, a schedule change designed to push you out, exclusion from projects, or a negative review that doesn’t reflect your actual work. If the adverse action came suspiciously soon after you asked for accommodations or complained, the timing alone can support a retaliation claim. Keep dated records of every request and every response.
What to Do If You Were Fired Because of Epilepsy
Move quickly. The deadlines are short, and your first weeks matter.
Gather Evidence Now
Save every email, text, and document about your condition, your accommodation requests, and your performance. Get copies of past performance reviews, especially ones showing you were doing the job well before termination. Write a dated timeline: when you disclosed the condition, when you asked for accommodations, how your employer responded, what changed, and when you were fired. Note the names of coworkers who witnessed discriminatory comments or can confirm the employer’s stated reason doesn’t match reality. A journal entry written the day something happened is far more credible later than a memory reconstructed for a lawsuit.
File a Charge With the EEOC
You generally must file a charge with the Equal Employment Opportunity Commission before you can sue for ADA discrimination. You have 180 calendar days from the discriminatory act to file. That extends to 300 days if your state or locality has its own anti-discrimination agency, which most do.9U.S. Equal Employment Opportunity Commission. Time Limits for Filing a Charge Don’t assume you have 300 days without confirming. The EEOC will investigate, attempt mediation, or issue a “right to sue” letter that lets you take the case to court.
Talk to an Employment Attorney
An employment lawyer can evaluate the strength of your case, the credibility of your employer’s stated reason, and the likely damages. Many employment discrimination attorneys work on contingency, typically 25% to 40% of any recovery, so representation doesn’t require money upfront. Even a single consultation early on helps you avoid missteps that could hurt the case later.
What You Can Recover
If you win an ADA claim, the remedies include back pay for the wages and benefits lost between the firing and the resolution of your case, and front pay for future lost earnings when returning to your old job isn’t practical.10U.S. Equal Employment Opportunity Commission. Front Pay You may also recover compensatory damages for emotional distress, and punitive damages if the employer acted with malice or reckless indifference to your rights.
Federal law caps combined compensatory and punitive damages by employer size:11Office of the Law Revision Counsel. 42 USC 1981a – Damages in Cases of Intentional Discrimination
- 15 to 100 employees: $50,000
- 101 to 200 employees: $100,000
- 201 to 500 employees: $200,000
- More than 500 employees: $300,000
The caps apply only to compensatory and punitive damages. Back pay, front pay, and attorney fees are separate, and a court can order the employer to pay your fees if you win.12U.S. Equal Employment Opportunity Commission. Remedies for Employment Discrimination For claims against large employers with significant lost wages, total recovery can substantially exceed the statutory cap.