Legal Question in Disability Law in Florida

epilepsy discrimination?

I was recently declined of a position at a major coporation. I have epilepsy which recently I had a seizure of the grand mal type in which I am, under law, unable to operate a vehicle for 6 months. The position consisted of "possible mowing.", and the company defined a lawnmower as a vehicle. THis resulted in the dismissal of my oppurtinity to perform the job. This was a hoticluture (landscape design) internship for my college graduation. Upon finding out from the employer 4 days b4 I was suppose to start the position I was 600 miles on my way to the job site for the summer. They then informed me that I would no longer be perform the tasks of th position. I was offered another job in an area that had NOTHING to do with my internship (to quote "renting towels in a water park). I declined the counteroffer as it would be useless to me. They did come out and say that the reason that I was unable to take the job was my lack of operating a mower. THere is more to this but I wanted to keep it short. Is there something to be done here or no?


Asked on 5/18/00, 3:38 am

2 Answers from Attorneys
Daniel Press Chung & Press, P.C.

Re: epilepsy discrimination?

The basic question is whether you could have performed the essential job duties with or without a reasonable accommodation. This is very fact-specific, but the first question I would ask is how essential to the job was operating the mower. If it is not essential, then it is a reasonable accommodation to simply delete that duty, and they likely violate the ADA by failing to do so. If it is essential, then the question is whether you can do the job with or without a reasonable accommodation. This depends on the facts of the job, type of mower (and whether any modification to the mower might help), and the specifics of your particular disability. You need to see a lawyer with experience in ADA employment cases to discuss your case in detail. Time limitations may be short, so act quickly.

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Answered on 7/05/00, 11:32 am
Kelly Henderson

Re: epilepsy discrimination?

It is difficult to say if "there is something to be done here or not." I understand you wanted to keep the question short, but the ADA is very fact specific and each case must be looked at on its own. You should sit down and talk this over with an attorney in detail. Good luck.

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Answered on 7/04/00, 11:13 pm


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