Medical Question

[msdobson]

Hi.

I am putting myself through an academy here in Northern California. My question is in regards to the medical qualifications for California LE.

I am an epileptic. Sounds awful, I know, however I have been seizure free for over a decade now and as long as I am on medication, I can lead a long, normal life without a problem. It's been so long since I've had a problem, sometimes I forget that I actually have epilepsy. :-)

Strangely enough, I was once covered by the ADA, but now the Supreme Court says that epileptics who are controlled by medication are NOT considered disabled, therefore, are not covered under the American Disability Act.

I also just turned 40 (today, actually.) :-) The age factor doesn't bother me as much as the medical condition. I have been following a case in Jefferson County, however, that is in the South, not in CA, but might have repercussions statewide, nevertheless.

www.courier-journal.com/localnews/ 2000/0004/17/000417epil.html
www.courier-journal.com/localnews/ 2000/0006/06/000606prin.html

Are there any CA cops out there who might be able to shed some light on the medical issue?

Many thanks,

Mike

[krj]

msdobson - everything I have ever read includes epilepsy as a "qualified disability" under the ADA. Here is one example:

http://consumerlawpage.com/brochure/disab.shtml

Also check out this site put out by the Department of Justice (Americans With Disabilities Act and Hiring Police Officers):

http://www.usdoj.gov/crt/ada/copsq7a.htm

After I read your post I went to a number of ADA sites, specific to employment issues and they all said the same thing - that epilepsy is covered under the ADA.

Some things to note:

1. A potential employer can only ask you about any medical conditions/disabilities you may have AFTER they have made a conditional offer of employment (this information would/should come to light during your physical - which also should occur AFTER your conditional employment offer).

This is meant to protect applicants - that way if your job offer is ultimately withdrawn, you will know it is specifically because of any medical condition you may have.

2. If you can perform all of the "essential job functions" for the position, you legally should be accorded the same employment consideration as those who are not disabled.

3. You will have to prove that your disability is under control. This is an important issue (and will continue to be after you are hired). Example of an officer who was diabetic:

Borroughs v. City of Springfield, 8th U.S. Circuit Court of Appeals, No. 98-1148 (1998)

Borroughs was hired as a LEO - informed the department prior to hiring that he was a diabetic, but that his condition was under control. Borroughs had two hypoglycemic events while on duty - he became disoriented and required medical care. The city placed Borroughs on internal duty and required a medical exam. The doctor determined that Borroughs should not be in a position requiring him to carry a gun, because he could conceivably be a danger to the public if he had another episode. The city removed him from active duty, and asked him to take a voluntary demotion or to resign.

Burroughs resigned then sued the city for disability discrimination under the ADA. The city conceded that Borroughs was a qualified individual with a disability, but argued that they did not fire him "because of his disability". The courts eventually found for the city - and held that Burroughs had been fired not because of his disability (so had no claim under the ADA) - but rather because he failed to control his controllable disease.

Burroughs appealed - the judgement was affirmed.

4. I went into the sites you posted but could not find the case you were discussing. Please post a specific page if you can, so I can take a look at it.

Please do some more research on this issue. If I find anything else I'll post it. Good luck!

[Invisiblecop]

In most instances once you cite a history of Epilepsy you will NOT be hired. The reason for this is the Liability factor as a Police Officer carrying a firearm. You may be hired in a different capacity but I seriously doubt it with this condition even though it's been dormant for years.

[krj]

Came across this article - The Role of Mitigating Measures In the Narrowing of the ADA's Coverage - dated March 2003

http://www.ncd.gov/newsroom/publications/mitigatingmeasures.html

Mitigating measures, in your case, would be the use of medications to control your condition. It doesn't look good for your cause msdobson.

Best suggestion is to contact departments that you are interested in directly. Smaller departments may give you more leeway and be less restrictive in their hiring requirements.

Sorry I couldn't be more help - best of luck.