The Americans with disabilities act

 
   As many are aware, it is illegal under both federal and state laws to discriminate against an employee based on his or her medical condition regarding employment decisions. These decisions include hiring, firing, promoting, demoting, training and job assignments based on an applicant’s medical conditions.

     It makes sense that employees would not even want their employers and/or coworkers having knowledge of their private medical conditions. And there are laws in place which prevent employers from even asking questions related to an applicant’s medical conditions. In my opinion, when it comes to safety sensitive positions and/or safety sensitive tasks, this policy can cause some serious problems for employees and employers alike.

​     This statistic alone should be reason enough to add certain items to first aid kits which would allow employers to be better prepared to accommodate employees with diabetes, during a diabetic emergency.

​     But what about Epilepsy? Epilepsy is a neurological disorder 
​marked by sudden recurrent episodes of sensory disturbance,

loss of consciousness, and/or convulsions, associated with abnormal electrical activity in the brain. 

     Seizures, abnormal movements or behavior due to unusual electrical activity in the brain, are a symptom of epilepsy. But not all people who appear to have seizures have epilepsy, a group of related disorders characterized by a tendency for recurrent seizures.
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     Employers are now at a serious disadvantage in protecting themselves, and their employees when they are unable to ask basic medical questions of an employee and/or applicant. It’s not about discriminating against employees with medical conditions. It’s about employers being prepared in the event of a medical emergency.

     Well, what about an employee who suffers from occasional seizures? Well, if employers are unaware of the condition, then supervisors may feel comfortable asking this employee to work at heights, or even operate certain machines and equipment, that can cause serious injury or death to an employee. 

     I am in no way advocating for a change in the American with Disabilities Act (ADA), but I do encourage employees to be forthcoming if they have medical conditions that could potentially 

impact their own safety or the safety of those working around them. Employers should be afforded the opportunity to proactively protect their workers from harm. After all, once any serious injury or fatality has occurred, it’s the employer who is solely held accountable.