General Legal Resources for Attorneys Representing Clients with Epilepsy

ADA Training Materials

• ADA Distance Learning Program of the DBTAC of the Great Lakes Region - provides transcripts and audio recordings of training sessions on employment, public accommodations and other issues under the ADA by nationally recognized speakers.
  
  
• National Council on Disability Position Papers on ADA Issues -Informative papers explaining the legal issues, the majority trends in the courts and legislative remedies related to the ADA and other federal disability-related antidiscrimination legislation.
  
  
• Southeast Disability Business Technical Assistance Center - Learn about the Americans with Disabilities Act at your own pace through this free introductory online course.
  
  

Education

General

• Legal Rights of Children with Epilepsy in School & Child Care: An Advocate's Manual (PDF)
  
  This manual provides detailed practical guidance to help parents and non-attorney advocates understand the rights of children in these areas—and to effectively advocate to secure those rights.
  
  Topics covered include the special education process for children with epilepsy, the obligation of schools and child care centers to administer medication and provide other accommodations and methods to resolve disputes.
  
  Lawyers will find this manual very useful in representing their clients.
  
  
• Overview of the Individuals with Disabilities Education Act (IDEA) (PPT) – American Diabetes Association
  
  
• Example of an IDEA complaint (Word) - American Diabetes Association

• Consideration of "Mitigating Measures" in Disability Cases (PDF) - U.S. Department of Education, Office of Civil Rights

• Information on Filing a Complaint of Discrimination with the Office of Civil Rights - U.S. Department of Education
  
  
• Auxiliary Aids and Services for Postsecondary Students with Disabilities - U.S. Department of Education

• Questions and Answers about the IDEA (PDF) - National Information Center for Children and Youth with Disabilities

• Links to Resources on Federal Laws Impacting the Rights of Students with Disabilities - National Information Center for Children and Youth with Disabilities
  
  
• Frequently Asked Questions about Section 504 and the Education of Children with Disabilities - U.S. Department of Education, Office of Civil Rights
  

Access to Emergency Medications

• Outline on Legal Requirements relating to Administration of Emergency Seizure Medication (Diastat) in Schools (PDF)
  
  
• Ohio State Court Decision on Diastat (Lancaster School District) – finding that state law permits school aides and other non-medical personnel to administer Diastat. (PDF)
  
  
• Epilepsy Foundation/Central Ohio Affiliate Amicus Brief Filed in Appeal of Lancaster School District Case (PDF)
  
  
  

Employment (ADA Title I)

Advocacy Strategies

• Advocates’ Guidance on Reasonable Accommodations
  Analysis of employers’ obligations under the ADA to make workplace adjustments to enable qualified workers with epilepsy to successfully perform their jobs (chapter from manual on employment discrimination being developed by Legal Defense Fund).
  
  
• Tips for Representing Clients During the EEOC Process (PDF) - Arizona Center for Disability Law

• The Effect of "Mitigating Measures" on the Success of an ADA Claim (PDF) - Disabilities Law Project and Bazelon Center for Mental Health Law

• The Burden of Proof in Direct Threat Cases (PDF) - Disabilities Law Project and Bazelon Center

• Suggestions for Arguing the Definition of Disability (PDF) - Equip for Equality

• Ideas for Writing an Accommodation Request Letter (PDF) - Job Accommodation Network (JAN)
  
  
  

EEOC Regulations and Guidance

• EEOC Regulations Implementing the Employment Provisions of the ADA (and other EEOC regulations) - Equal Employment Opportunity Commission

• Q&As About Epilepsy in the Workplace and the ADA - Equal Employment Opportunity Commission

• Opinion Letter on Permissible Medical Inquiries (PDF) - Equal Employment Opportunity Commission
  Discusses permissible medical inquiries for employees experiencing seizures on the job, and employers' duty to provide alternative transportation to a work site for an employee prohibited from driving due to recent seizures.

• Guidance for Job Applicants - Equal Employment Opportunity Commission

• Instructions for Field Offices Analyzing ADA Charges After Supreme Court Decisions Addressing "Disability and Qualified"- Equal Employment Opportunity Commission

• Enforcement Guidance on Reasonable Accommodation and Undue Hardship - Equal Employment Opportunity Commission

• Enforcement Guidance on Disability-Related Inquiries and Medical Examinations of Employees - Equal Employment Opportunity Commission

• Guidance on the Rights of Disabled Employees - Equal Employment Opportunity Commission

• Fact Sheet on how to File a Charge of Discrimination - Equal Employment Opportunity Commission

• Fact Sheet on the Processing of Discrimination Charges - Equal Employment Opportunity Commission
  
  
  
  

Public Accommodations and State and Local Governmental Programs (ADA Titles II and III)

• ADA Title II Complaint Form - U.S. Department of Justice

• Instructions on How to File a Title III Complaint - U.S. Department of Justice

• Title II Technical Assistance Manual - U.S. Department of Justice

• Title III Technical Assistance Manual - U.S. Department of Justice

• Commonly Asked Questions about Child Care Centers and the ADA - U.S. Department of Justice