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ADA Definition - apply to EPILEPSY? California

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  • ADA Definition - apply to EPILEPSY? California

    Does anyone know if the ADA extends protection to those diagnosed with epilepsy?
    Thank you~

  • #2
    The only condition that is granted unconditional protection under the ADA is HIV/AIDS. All other conditions, without exception, must be looked at on a case by case basis. Certainly epilepsy CAN be considered a disabilty under the ADA, but only a review of the specific individual condition and the accomodations needed will say if it IS.

    Since you are in California, I will add this. The definition of a covered condition under state law is broader than that of the Federal. Even so, I believe that even under state law, it is still looked at on a case by case situation and there is not a list of "These conditions are automatically covered". It's simply that the definition used to make that determination will be broader.

    Endeavor?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      Government Code s 12926.1 provides that "Physical and mental disabilities include, but are not limited to, chronic or episodic conditions such as HIV/AIDS, hepatitis, epilepsy, seizure disorder, diabetes, clinical depression, bipolar disorder, multiple sclerosis, and heart disease."

      So, yes, under the FEHA (and very likely under the ADA), epilepsy is a disability.

      Comment

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