Americans with Disabilities Act

Until 1999, there was little fanfare about whether a person with epilepsy was covered by the ADA, or its model counterpart, the Rehabilitation Act of 1973. Most cases presumed that epilepsy was a covered disability.

Since 1999 though, courts have been struggling with figuring out exactly who should benefit from the ADA. In 1999, the Supreme Court handed down a decision requiring that the effect of mitigating measures (such as taking medication) be considered in determining if someone has a disability under the ADA. Since then, courts have recognized epilepsy as a disability in only a few cases. Now, people with epilepsy are questioning whether they are even entitled to the protections of the law. Employers, public accommodations, schools and state agencies have begun to ask the same question.

At the end of the 109th Congress, the Americans with Disabilities Restoration Act (H.R. 6258) was introduced to fix the problem of defining who is considered to have a disability. Although this legislation did not pass in the 109th Congress, the Epilepsy Foundation has gathered a core group of House and Senate members who are committed to getting the ADA Restoration legislation passed in the 110th Congress.

Take Action!  Go to: www.epilepsyfoundation.org and click on “New Congress Needs to Strengthen ADA.”