Within their rights to reject me based on having epilepsy?

Senor Chang

So as a bit of a background, I had a seizure last year for the first time in my life and after tests I was officially diagnosed with epilepsy and put on medication to prevent any more (unlikely) seizures.

I was hoping to work in a camp somewhere in America this summer by going through one of the camp agencies. I wasn't looking for a role as counselor, but as support staff (either office work, working in the kitchen washing dishes or serving food etc.). As I was looking at the application forms there was a health form which asked about various health conditions and issues. Before I went through the whole process, I decided to email the agency to see if I would be eligible for a support role (I didn't specify which) with epilepsy, even if I had only ever had one seizure. They replied to me today saying that unfortunately they "cannot hire individuals with long term health conditions, that can have an impact on your day to day life at camp", and that they cannot take risks where children are involved.

I understand that where children are involved there should be extra precautions and checks. I'm just not sure if me having epilepsy would stop me from being able to do the job, or would pose any danger to others, especially as I wouldn't be working directly with children day in day out in the support role.

The point of this thread is just to hear opinions as to whether they are right to refuse someone based on this medical condition. I really don't know what the answer is, so I'm not suggesting whether they are right or wrong, I'm just curious to see what others think! I should also say that I don't plan to do anything about it whether it does seem right or wrong, I really am just wondering, especially as this is all new to me and would like to know more about epilepsy and job eligibility.

Lux23

I wouldn't know about US law, but would assume that in Ireland you can't outright reject someone because of their disability. But if the disability would make you unsuitable for the job you are applying for then they probably can. For example I worked with a girl who had to give up her job as carer for special needs kids because she had epilepsy. It was under control but it was still considered a risk. Strangely enough when I knew she was operating heavy machinery and that didn't seem to be a problem.

livedadream

They can if it makes you unsuitable for the job or a risk to yourself or others.
its unfortunate but certain jobs- truck driving etc would be out of the question.

Senor Chang

Thanks for the replies! Yeah it makes sense that it would affect certain jobs.

Still at a loss as to how they think it could affect my ability to do office work though :pac:

pilly

Senor Chang wrote: »

Thanks for the replies! Yeah it makes sense that it would affect certain jobs.

Still at a loss as to how they think it could affect my ability to do office work though :pac:

Maybe people working in support roles occasionally have to supervise the children?

Mrs OBumble

Lux23 wrote: »

I wouldn't know about US law, but would assume that in Ireland you can't outright reject someone because of their disability.

In Ireland you can , provided the job cannot reasonably be adapted.


I don't know much about US law , but i believe that the Americans with Disabilities Act is even more protective of rights. But the op is not an American so that may influence it. Or they may ne willing to take the risk that no foreigners will complain. Or maybe its just a blanket ban on all long term health conditions irrespective of whether they're a disability or not.

OP i can understand why even having you do office work in a camp may be a risk: if a kid saw you having a seizure, it would be traumatic for them. You will likely run into various scenarios like this, where the issue is risk to a client rather than risk to you.

livedadream

pilly wrote: »

Senor Chang wrote: »

Thanks for the replies! Yeah it makes sense that it would affect certain jobs.

Still at a loss as to how they think it could affect my ability to do office work though :pac:

Maybe people working in support roles occasionally have to supervise the children?

i tihnk it might be because of the VISA situation, its hard to get a working holiday visa for the US in general, the camp america stuff its all included but might be different if you have an existing condition...

Senor Chang

Mrs OBumble wrote: »

In Ireland you can , provided the job cannot reasonably be adapted.


I don't know much about US law , but i believe that the Americans with Disabilities Act is even more protective of rights. But the op is not an American so that may influence it. Or they may ne willing to take the risk that no foreigners will complain. Or maybe its just a blanket ban on all long term health conditions irrespective of whether they're a disability or not.

OP i can understand why even having you do office work in a camp may be a risk: if a kid saw you having a seizure, it would be traumatic for them. You will likely run into various scenarios like this, where the issue is risk to a client rather than risk to you.

Yeah it would be a good idea on their part to put a blanket ban on these things to make things easier for them. Hadn't thought about the traumatic event side of things as a risk so that makes sense as to how I could pose a risk.

I guess it's just a bit of a bummer that a one off kind of event can affect my opportunities but sure look, nothing can be done about that!

pilly

Senor Chang wrote: »

Yeah it would be a good idea on their part to put a blanket ban on these things to make things easier for them. Hadn't thought about the traumatic event side of things as a risk so that makes sense as to how I could pose a risk.

I guess it's just a bit of a bummer that a one off kind of event can affect my opportunities but sure look, nothing can be done about that!

Not sure about this but I think I did read somewhere that once you've been fit free for so many years you don't have to declare epilepsy. It's more than one year but something to look into for the future.

Senor Chang

pilly wrote: »

Not sure about this but I think I did read somewhere that once you've been fit free for so many years you don't have to declare epilepsy. It's more than one year but something to look into for the future.

Thanks I'll definitely look into this!

scamalert

from point of employer,some would brush it off,but say even if working in kitchen,you had seizure and fell,cracked your head or smth it would indicate danger to yourself and employer if smth happened to you,as others said a lot of jobs could be lost to mentioning epilepsy.

If you got it under control.Since it might never happen again,but if working in some other job it would happen it would be in the best interest of all to know whats happening to you.

maybe when applying for other jobs dont mention it on application,rather explain situation in the past in the interview to smooth out,since putting epilepsy on application many will skip or avoid it,even if it happened once and you got it under control,since people presume the worst.

thesimpsons

interestingly approx 15 yrs ago close member had a few seizures. medication fully controlled it after 6 months. never had another seizure. got back driving after 12 months free. What was interesting was the consultants all said one or even 2 seizures doesn't give a diagnosis of epilepsy. Many people will have a seizure during course of their life as a result of a particular event that doesn't lead to epilepsy. Might be worth checking out if you do need to declare it in future

GalwayGrrrrrl

Our scout leader has epilepsy. My kids saw him have a grand mal seizure once, it wasn't particularly traumatic for them (they were 6). He is never in sole charge of the children and obviously doesn't drive but otherwise he copes well.
I too was surprised to hear that you were diagnosed after just one seizure. Lots of people have seizures without diagnosis of epilepsy.

Senor Chang

thesimpsons wrote: »

interestingly approx 15 yrs ago close member had a few seizures. medication fully controlled it after 6 months. never had another seizure. got back driving after 12 months free. What was interesting was the consultants all said one or even 2 seizures doesn't give a diagnosis of epilepsy. Many people will have a seizure during course of their life as a result of a particular event that doesn't lead to epilepsy. Might be worth checking out if you do need to declare it in future

Funnily enough that happened to a family friend of mine too, he had a seizure and went through tests which showed nothing out of the ordinary and he's been seizure free ever since, just had to wait the 12 months before driving and he was cleared.

After mine, and before tests, my GP and consultant said that it was likely to be a one off thing from lack of sleep etc but unfortunately one of the tests showed up that my brain is "slightly prone" to seizures and so have been diagnosed officially with epilepsy, but it's very unlikely I'll have another seizure but am on medication for life. Another interesting fact is that many people could have the same abnormality (ie. form of epilepsy) but never have a seizure so never find out about it. Wouldnt mind if I had been one of those people

Senor Chang

xfactorfan23 wrote: »

Our scout leader has epilepsy. My kids saw him have a grand mal seizure once, it wasn't particularly traumatic for them (they were 6). He is never in sole charge of the children and obviously doesn't drive but otherwise he copes well.
I too was surprised to hear that you were diagnosed after just one seizure. Lots of people have seizures without diagnosis of epilepsy.

Interesting to note! That would have been my take on it as well, that I just shouldn't be in charge alone.

As a follow up to my post above and another surprising story, a few months after my seizure and diagnosis, my friend had a seizure for the first time and was diagnosed with epilepsy as well, his seems to be more severe though (he shouldn't drink at all). But yep, far more common to have a one off seizure and not be diagnosed with it

JustAThought

Years back I worked in London & we dealt with a lot of Americans - the AMericans with Disability Act was a big thing back then & we are coached on how to deal with anyone with any kind if disability for fear of being sued .

But being in charge of kids or in an area ( eg admin) where there may have to be an extra person employed in case you had a fit and needed to be monitored/brought to hospital - I can see how this could be an issue - particularly as a camp could be out in the middle of nowhere...

Either way, with the exemption clauses in medical insurance on pre-existing conditions you probably have dodged a bullet there - noone wants to be sick or even an ambulance called for them in America - especially if you have anything that gives them caUse to wiggle out of paying the medical bill.

Sorry to hear a once off incodent could follow you from work to work - migjt be worth raising your concern with a sympathetic doctor and maybe getting a second opinion? Lots of companies here do medicals for work - it could be a good investment of e60 - perhaps they could reclassify it to be less limiting on a form if that were appropriate?

Mooooo

Have epilepsy as well, only ever had 3 seizures last one 12 years ago now but worked in a pharma plant for a bit and all they did was give me a lone working alarm. Obviously being in charge of kids in a camp setting may be different but I assume with kids particularly these days one is unlikely to be on their own when working with them outside of teachers really. When my first EEG was done doc said 90% of people on the street would have similar results

Mrs OBumble

Mooooo wrote: »

Obviously being in charge of kids in a camp setting may be different but I assume with kids particularly these days one is unlikely to be on their own when working with them outside of teachers really.

Yes, but if you're one of two adults with a group and you have a seizure, then the other adult needs to care for you as well as now being alone with the kids.

Hard risk management to do.

Mooooo

Mrs OBumble wrote: »

Yes, but if you're one of two adults with a group and you have a seizure, then the other adult needs to care for you as well as now being alone with the kids.

Hard risk management to do.

True, a lot depends on the facilities available as well as seizure history/ frequency. in op's case not a whole lot he can do, if it was applying for a full time job here it may be different.