Epilepsy and Employment Rights in NJ: Legal Protections Explained

Living with epilepsy can bring unique challenges in the workplace. For many employees, it is not the seizures themselves but the misunderstandings and biases surrounding epilepsy that cause the greatest difficulties at work. In New Jersey, employees with epilepsy have strong protections under both state and federal law to ensure they are treated fairly and given the tools to succeed.

Unfortunately, not all employers understand their obligations when it comes to mental health or invisible disability.

This guide explains the rights of workers with epilepsy, when accommodations must be provided, what to do if an employer violates those protections, and when it’s time to reach out to a disability discrimination lawyer in New Jersey.

Understanding Epilepsy as a Protected Condition

Under New Jersey law, epilepsy is generally recognized as a disability if it substantially limits one or more major life activities (such as working, caring for oneself, or interacting with others) or if the condition requires medical management to prevent serious limitations.

Importantly, a person can still qualify as having a disability under the law even if their epilepsy is well-controlled with medication. Legal protections focus on whether the condition qualifies as a disability by affecting the person’s life in significant ways — not just on the severity of current symptoms.

The New Jersey Law Against Discrimination (NJLAD)

The New Jersey Law Against Discrimination (NJLAD) is one of the most comprehensive state anti-discrimination laws in the country. It prohibits employers from discriminating against employees or job applicants based on disability, including epilepsy.

Under the NJLAD, employers cannot:

• Refuse to hire someone solely because they have a disability.
• Demote, reduce hours, or terminate due to epilepsy.
• Deny training, promotions, or other opportunities because of disability.
• Harass or allow harassment based on a person’s medical condition.
• Retaliate against someone for requesting accommodations or filing a complaint.

The NJLAD applies to employers of all sizes, so protections extend to workers in both small businesses and large corporations.

Federal Protections for Employees with Epilepsy

While New Jersey law provides strong protections, employees with epilepsy also benefit from federal laws, such as:

• Americans with Disabilities Act (ADA) — Applies to employers with 15 or more employees and prohibits discrimination against qualified individuals with disabilities. Epilepsy is specifically recognized as a condition that may require reasonable accommodations.
• Rehabilitation Act of 1973 — Applies to federal agencies and employers who receive federal funding.
• Family and Medical Leave Act (FMLA) — Offers up to 12 weeks of unpaid, job-protected leave for qualifying employees who need time off due to a serious health condition, which may include epilepsy.

Reasonable Accommodations for Epilepsy

One of the most important workplace rights for people with epilepsy is the right to reasonable accommodations. These are adjustments or modifications that allow an employee to perform their job effectively without causing an undue hardship for the employer.

Examples of Accommodations for Epilepsy:

• Flexible scheduling to attend medical appointments.
• Extra breaks for medication or rest after a seizure.
• Reassignment to a role without safety hazards if seizures are uncontrolled.
• Providing a private space for recovery following a seizure.
• Adjusting lighting or computer screens to reduce seizure triggers.
• Remote work options, if feasible for the job.

An employer is not required to provide the exact accommodation requested, but they must engage in an interactive process with the employee to find a workable solution. Being fired for needing reasonable accommodations can be a direct violation of your epilepsy rights in NJ.

Disclosing Epilepsy at Work — What to Know

You are not required to tell your employer you have epilepsy unless you need a workplace accommodation or there is a direct safety concern. However, in order to receive accommodations under the NJLAD or ADA, you must disclose the condition to HR or management and provide documentation from a healthcare provider, if requested.

Some employees choose to disclose proactively to avoid misunderstandings if a seizure occurs at work. Others prefer to keep the information private unless an accommodation becomes necessary. The right choice depends on your comfort level and workplace environment.

Safety Concerns and Job Restrictions

Employers sometimes raise safety concerns as one of the common excuses employers use to violate disability rights, particularly for workers with epilepsy in roles involving driving, heavy machinery, or working at heights.

While safety is a legitimate factor, the law does not allow blanket restrictions based on stereotypes. Employers must conduct an individualized assessment to determine whether the person can perform the essential job functions safely, with or without accommodations.

For example:

• A delivery driver with uncontrolled seizures may be temporarily reassigned until their condition stabilizes.
• A warehouse worker whose seizures are fully controlled by medication should not be removed from their role solely because of the diagnosis..

Harassment Based on Epilepsy

Harassment related to epilepsy can take many forms: from mocking someone’s condition to spreading rumors or questioning their abilities.

Under the NJLAD, harassment becomes unlawful when it is severe or pervasive enough to create a hostile work environment. This can include:

• Repeated jokes about seizures.
• Unwelcome comments about whether you should be working.
• Ostracizing you from work activities due to your condition.

Employers are responsible for preventing and addressing harassment, whether it comes from supervisors, coworkers, or even customers.

Medical Examinations and Epilepsy

In most cases, employers cannot require medical exams or ask detailed questions about your health unless:

• You request a reasonable accommodation.
• There is a legitimate concern that your condition poses a direct threat to safety.
• The exam is required by law for specific job duties (e.g., commercial driving).

Any medical information obtained through a disability-related medical exam must be kept confidential and stored separately from regular personnel files.

Leave Rights for Employees with Epilepsy

Even with accommodations, some employees with epilepsy may need extended leave for treatment, recovery, or condition management.

Options May Include:

• New Jersey Family Leave Insurance (FLI) — Provides partial wage replacement for time off to care for a family member, not for your own medical condition.
• Temporary Disability Insurance (TDI) — Can cover time off when you cannot work due to your own serious health condition, including epilepsy.
• FMLA Leave — If eligible, provides up to 12 weeks of unpaid leave for your own medical needs.

What to Do If Your Rights Are Violated

If you believe your employer has discriminated against you because of epilepsy, you have options.

1. Document the Incidents

Write down what happened, when it happened, and who was involved. Keep emails, text messages, and performance reviews that may support your case.

2. Review Your Company Policies

Check your employee handbook for complaint procedures. Some companies require that issues be reported to HR first.

3. Report the Violation

You can report internally to HR or management. If that does not resolve the issue, you can file a complaint with:

• New Jersey Division on Civil Rights (DCR) — Enforces the NJLAD
• Equal Employment Opportunity Commission (EEOC) — Enforces the ADA and federal protections

4. Seek Legal Guidance

An experienced disability discrimination attorney in New Jersey can explain your rights, help file claims, and represent you in negotiations or court.

Why Legal Protections Matter for Epilepsy in the Workplace

Disability discrimination in the workplace remains far from rare. In fiscal year 2024, the EEOC logged 88,531 new discrimination complaints — marking a 9% jump from the prior year.

The previous year’s data paints a clear picture of the challenges workers face: retaliation was the most common issue, accounting for 39.2% of all claims, followed by sex discrimination at 35%, and disability discrimination at 34.3%. These figures highlight that many employees don’t just face one form of bias: they often encounter overlapping and persistent workplace discrimination.

For many people with epilepsy, work is more than a paycheck — it’s a source of independence, stability, and purpose. Discrimination and unfair treatment can have lasting effects on both financial security and emotional well-being.

By understanding and enforcing your rights, you not only protect yourself but also help challenge the stigma and misconceptions that still exist around epilepsy.

Contact Us for Legal Advice and a Free Consultation

If you believe you have faced discrimination or retaliation because of epilepsy, contact our law firm today. We will listen to your situation, explain your rights under New Jersey and federal law, and work to protect your career and well-being. Your health and your job are too important to leave unprotected — we are ready to help.