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A:
Whether or not an individual has a disability under the Americans with Disabilities Act must be determined on an individualized, case-by-case basis.
Epilepsy like other conditions constitutes a "disability" under the Americans with Disabilities Act when it substantially limits one or more of a person's major life activities. Examples of "major life activities" include basic activities that an average person can perform with little or no difficulty such as walking, seeing, hearing, speaking, breathing, performing manual tasks, caring for oneself, learning, and working. "Major life activities" can also include the following: sleeping, concentrating, interacting with others, thinking, and reproduction.
You can learn more about this question at http://www.eeoc.gov/facts/epilepsy.html.
Again, the question of whether or not an individual has a "disability" under the Americans with Disabilities Act must be resolved on an individualized, case-by-case basis. The above are only general guidelines and you are strongly encouraged to contact an experienced and qualified employment lawyer to assess your situation.
Robert Abell
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Lexington, KY 40507
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