Malcolm S. Medley, EEOC Miami District Office: End Epilepsy Discrimination in Florida Workplaces

The Issue

Epilepsy is a broad term that refers to a tendency to have recurrent seizures. (1) A seizure is a brief disturbance in brain function when a strong surge of electrical activity affects all or part of the brain. The CDC estimates that 2.0 million people in the U.S. have epilepsy, and 140,000 more people will develop the condition each year. There are millions of people around the globe who have epilepsy. (2) One in 10 adults will have a seizure in their lifetime.

Epilepsy is a daily challenge. These include negative stereotype and portrayal in media; psychosocial adjustment (teasing, mocking, and bullying); emotional adjustment (fear, shame, and depression); a possible revocation of driving privileges; not to mention, physical effects (either from seizure activity itself or medication routines).

In September and October, I experienced the stigma associated with epilepsy at my place of employment. I had multiple generalized tonic-clonic seizures (grand mal) in the past four months, and had returned to work after a leave of absence. By the time I was terminated from my position in October, I was ashamed to come to work.

The events that transpired at my workplace were appalling.

When I requested an emergency seizure plan, so that I would have workplace security (physically and mentally), I was asked how much time seizure activity would reduce weekly production, “15 minutes or 20 hours?” The paraphrased answer former U.S. congressman and democratic majority whip Tony Coelho gave was that people without epilepsy who walk into work environments like these have a fit.

Stress is universally known as a seizure trigger, along with sleep deprivation, certain over-the-counter medications, alcohol consumption, and fevers. I requested a meeting with this same manager to discuss my employment options, and the suggestion was made that I take a less stressful job, say a “Wal-Mart greeter”. I addressed this patronizing comment with the human resources general manager who deemed that it lacked malevolent intent. He didn’t address my concern with the manager.

I received a certified letter one week after I requested ADA accommodations that, ultimately, led to termination of my employment. My employer had physician-signed documentation that I had epilepsy, and required physician-signed documentation of ADA accommodations to retain my employment. I simply asked to be transferred to another department or to assume manual work. I was given no option to personally retract this request either. I was terminated on one of three grounds: (1) failure to provide physician-signed documentation of ADA requests, (2) lack of performance, or (3) unexcused absences.

I had taken a leave of absence which inevitably affected my production; on my 90 day evaluation it was noted that I needed improvement on my attendance. I provided documentation of all emergency room visits and follow-up neurology appointments; there were no absences that were not substantiated by medical documentation.

Florida is an at-will employment state.

I urge you to sign this petition so that Florida employers stop hiding behind the at-will employment doctrine to justify violating Title VII of the ADA.

I was not terminated because accommodations would have caused an undue hardship on this corporation; I was terminated because I have epilepsy. The cost outweighed the benefit.

Furthermore, there is a need for employer awareness and education across the U.S. and globe, not just Florida.

Sign this petition for your sons, daughters, mothers, fathers, grandchildren, nieces, nephews, brothers, sisters, grandparents, and all those who continue the fight against epilepsy discrimination in workplaces worldwide.

References

(1) Hirtz, D., Thurman, D.J., and Gwinn-Hardy, K. et al. (2007). How common are the ‘common’ neurologic disorders? Neurology, 30(68), 326-337.

(2) “What is epilepsy?” www.epilepsyfoundation.org

 

This petition had 34 supporters

The Issue

Epilepsy is a broad term that refers to a tendency to have recurrent seizures. (1) A seizure is a brief disturbance in brain function when a strong surge of electrical activity affects all or part of the brain. The CDC estimates that 2.0 million people in the U.S. have epilepsy, and 140,000 more people will develop the condition each year. There are millions of people around the globe who have epilepsy. (2) One in 10 adults will have a seizure in their lifetime.

Epilepsy is a daily challenge. These include negative stereotype and portrayal in media; psychosocial adjustment (teasing, mocking, and bullying); emotional adjustment (fear, shame, and depression); a possible revocation of driving privileges; not to mention, physical effects (either from seizure activity itself or medication routines).

In September and October, I experienced the stigma associated with epilepsy at my place of employment. I had multiple generalized tonic-clonic seizures (grand mal) in the past four months, and had returned to work after a leave of absence. By the time I was terminated from my position in October, I was ashamed to come to work.

The events that transpired at my workplace were appalling.

When I requested an emergency seizure plan, so that I would have workplace security (physically and mentally), I was asked how much time seizure activity would reduce weekly production, “15 minutes or 20 hours?” The paraphrased answer former U.S. congressman and democratic majority whip Tony Coelho gave was that people without epilepsy who walk into work environments like these have a fit.

Stress is universally known as a seizure trigger, along with sleep deprivation, certain over-the-counter medications, alcohol consumption, and fevers. I requested a meeting with this same manager to discuss my employment options, and the suggestion was made that I take a less stressful job, say a “Wal-Mart greeter”. I addressed this patronizing comment with the human resources general manager who deemed that it lacked malevolent intent. He didn’t address my concern with the manager.

I received a certified letter one week after I requested ADA accommodations that, ultimately, led to termination of my employment. My employer had physician-signed documentation that I had epilepsy, and required physician-signed documentation of ADA accommodations to retain my employment. I simply asked to be transferred to another department or to assume manual work. I was given no option to personally retract this request either. I was terminated on one of three grounds: (1) failure to provide physician-signed documentation of ADA requests, (2) lack of performance, or (3) unexcused absences.

I had taken a leave of absence which inevitably affected my production; on my 90 day evaluation it was noted that I needed improvement on my attendance. I provided documentation of all emergency room visits and follow-up neurology appointments; there were no absences that were not substantiated by medical documentation.

Florida is an at-will employment state.

I urge you to sign this petition so that Florida employers stop hiding behind the at-will employment doctrine to justify violating Title VII of the ADA.

I was not terminated because accommodations would have caused an undue hardship on this corporation; I was terminated because I have epilepsy. The cost outweighed the benefit.

Furthermore, there is a need for employer awareness and education across the U.S. and globe, not just Florida.

Sign this petition for your sons, daughters, mothers, fathers, grandchildren, nieces, nephews, brothers, sisters, grandparents, and all those who continue the fight against epilepsy discrimination in workplaces worldwide.

References

(1) Hirtz, D., Thurman, D.J., and Gwinn-Hardy, K. et al. (2007). How common are the ‘common’ neurologic disorders? Neurology, 30(68), 326-337.

(2) “What is epilepsy?” www.epilepsyfoundation.org

 

The Decision Makers

Malcolm S. Medley
Malcolm S. Medley
Director of the EEOC Miami District Office

Petition Updates