Comments Submitted on Proposed Genetic Information Nondiscrimination Regulations

On May 1, 2009, the Foundation submitted comments to the Equal Employment Opportunity Commission regarding its proposed regulations to implement Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA). The proposed GINA regulations would prohibit the use of genetic information to discriminate in employment and regulate how employers may obtain and store genetic information. The proposed regulations are quite comprehensive and would generally establish clear and reasonable standards. However, the Foundation believes the regulations could be improved by narrowing the exceptions allowed to the general prohibition on employers concerning their acquisition of genetic information. Our comments provided specific suggested language changes to address these concerns. Read the comments.

Advocates’ Guidance on Reasonable Accommodations in Employment.

This guidance is a chapter from a manual (under development by the Fund) on legal strategies to address employment discrimination against people with epilepsy. The guidance analyzes the obligations of employers under the ADA to make workplace adjustments to enable qualified workers with epilepsy to successfully perform their jobs.  Common accommodations discussed include modifications in work schedules, reallocation of job duties such as driving, telecommuting and reassignment.

Economic Stimulus Bill Expands Eligibility for COBRA and Provides a Significant Reduction in the Required Insurance Premiums

The Foundation has issued an updated fact sheet summarizing federal laws (COBRA and HIPAA) that help individuals obtain and maintain employer-provided group health insurance coverage and limit the effect of “pre-existing condition” clauses that affect many people with epilepsy.

The fact sheet discusses the expanded COBRA benefits under the Economic Stimulus bill for certain qualified individuals. Read the legal fact sheet.

Epilepsy Foundation Files Amicus Brief in a Workplace Drug Testing Case

In February, the Foundation filed an amicus brief in the 11th Circuit Court of Appeals in support of a client of a Jeanne A. Carpenter Epilepsy Legal Defense Fund cooperating attorney. In this case, the client, an applicant for employment with an electronics firm, tested positive for barbiturate use on a pre-employment drug test and was denied the job (the test result was due to his lawful use of antiseizure medication). The brief claims the employer, in following up on the test result, sought information about the applicant’s epilepsy (rather than simply inquiring about whether he had a lawful medication prescription), and denied him the job when it learned he had epilepsy. Accordingly, the brief argues, the employer violated the ADA’s pre-employment medical inquiries prohibition, which is intended to prevent employers from denying job opportunities based on stereotyped notions of disability before consideration of the applicant’s job qualifications. The EEOC also filed an amicus brief in the case. Read the Foundation’s amicus brief.

Foundation Requests DOT to Issue Revised Medical Standards for Truck Drivers with Epilepsy

The Epilepsy Foundation wishes to raise serious concerns about the recent recommendations of the Federal Motor Carrier Safety Administration’s Medical Review Board (MRB) concerning the medical standards for commercial motor vehicle (CMV) drivers with epilepsy. Read More>>

The Impact of the Americans with Disabilities Amendments Act on Persons with Epilepsy

The Americans with Disabilities Act Amendments Act (ADAAA) is a new law that was signed by President Bush on September 25, 2008. Read More>>

The Impact of the ADA Amendments Act on the Employment Rights of Persons with Epilepsy

Based on a series of Supreme Court decisions which severely narrowed the scope of coverage under the Americans with Disabilities Act (ADA), most individuals with epilepsy (and some other chronic conditions) lost their protection against discrimination in employment under that law. Read More>>

Wrongful Death Suit Filed in Case of Man with Epilepsy Restrained and Tasered by Police

On August 5, 2008, the parents of a man with epilepsy who died after being restrained and tasered by Stanislaus County (California) Sherriff’s Department deputies filed a lawsuit against the County alleging that the deputies used excessive force in violation of the man’s constitutional rights. Read More>>

Children’s Lives May be Endangered as Child Care Centers Refuse to Administer Emergency Medication

The Epilepsy Foundation recently joined in a lawsuit against a national chain of child care centers that refuses to administer a potentially life-saving medication to children with epilepsy. Read More>>