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An employer may not withdraw an offer from an applicant with epilepsy if the applicant is able to perform the essential functions of the job, with or without reasonable accommodation, without posing a direct threat (that is, a significant risk of substantial harm) to the health or safety of herself or others that cannot be eliminated or reduced through reasonable accommodation.
("Reasonable accommodation" is discussed in Questions 10 through 15.
Because there is no reason to believe that the applicant will need an accommodation to do the job, the interviewer may not ask the applicant follow-up questions about her epilepsy, such as when she was diagnosed, whether her license was suspended because she had a seizure, or whether anyone else in her family has epilepsy.A person with epilepsy, however, may request an accommodation after becoming an employee even if she did not do so when applying for the job or after receiving the job offer. May an employer ask any follow-up questions if an applicant voluntarily reveals that she has epilepsy? An employer generally may not ask an applicant who has voluntarily disclosed that she has epilepsy any questions about her epilepsy, its treatment, or its prognosis.However, if an applicant voluntarily discloses that she has epilepsy and the employer reasonably believes that she will require an accommodation to perform the job because of her epilepsy or treatment, the employer may ask whether the applicant will need an accommodation and what type.People diagnosed with epilepsy have had at least two seizures and may have had more than one type of seizure.A seizure can last from a few seconds to a few minutes.