Can an employer ask about epilepsy when I apply for a job?
Human Rights Codes make it illegal in some provinces for an employer to ask medical questions on an application form. You can refuse to answer it. In other provinces, the question can be asked, but the employer cannot refuse to hire for that reason.
During an interview, the employer is allowed to ask you whether you have any medical condition that would interfere with your ability to perform the job. Contact the Human Rights Commission in your province for specifics.
Can an employer refuse to hire me because I have epilepsy?
Only if it would be dangerous for you to work with certain machinery necessary to perform the essential functions of the job, and this risk cannot be sufficiently reduced through a reasonable accommodation (see “Accomodating Epilepsy” on page 7).
How can I reassure a reluctant employer?
Employers are concerned about issues of safety, reliability and liability if a job applicant or employee has epilepsy. But research has shown that these concerns are not valid. In fact, studies have shown that the performance, cooperation, productivity and stability of employees with epilepsy are equal to or greater than that of employees without epilepsy. Absenteeism rates are lower too because workers with epilepsy practice good self-care and strive to avoid illness.
Accident rates for employees with epilepsy are lower too: 0.6% vs. 1.92% for other employees. Some studies have even revealed that employees with epilepsy work more attentively and productively than others, as they often try harder to prove themselves at work. As for an employer’s liability, people with epilepsy are covered by the Workers Compensation Board, whose rates are not tied to employee disabilities. It is not “expensive” to have people with epilepsy on staff.
Can I be fired because of my epilepsy?
Both federal and provincial human rights codes prevent employers from firing on the basis of disability. However, employers sometimes use other reasons to mask a discriminatory termination.
What are my rights if I am fired because of a seizure?
If you feel that you have lost your job because of your epilepsy, whether or not your employer admits to it, you have the right to use the Human Rights complaint process. Contact your local office of the Human Rights Commission.
What if I experience other workplace harassment or discrimination?
You can file a complaint with the Human Rights Commission or Employment Standards Branch of the provincial government.
