Social Issues

HUMAN RIGHTS

nder the Canadian Human Rights Act, it is illegal for any employer (within federal jurisdiction) to make unlawful distinctions based on prohibited grounds including race, national or ethnic origin, colour, religion and physical or mental disability.

According to Section II of the Act, "Every individual should have an equal opportunity with other individuals to make for himself or herself the life that he or she is able and wishes to have, consistent with his or her duties and obligations as a member of society."

The Act covers employment in federally regulated industries such as chartered banks, VIA Rail, airlines, interprovincial pipelines, as well as transport and telephone companies that do business in more than one province. It covers the federal government itself and all of its agencies, which represents about 11% of all jobs in Canada.

Persons who believe that they have been discriminated against on the basis of their epilepsy can make a complaint to the Canadian Human Rights Commission. The Act provides for an investigation of the complaint, conciliation, or a finding for or against the employer. If the employer is found to have discriminated against the complainant, compensation may be provided.

For further information, contact The Canadian Human Rights Commission - National Office, 320 Queen Street, Tower A, Place de Ville, Ottawa, Ontario K1A 1E1, telephone (613) 995-1151; Fax (613) 996-9661.

OVERCOMING PREJUDICE

ublic misunderstanding about seizures and epilepsy is a tremendous barrier, which limits opportunities and denies families of the services they are entitled to receive.

EMPLOYMENT & EPILEPSY

ot long ago in Canada, people with epilepsy were thought to be mentally ill and were considered unemployable. Denied many basic legal rights, they had no choice but to live marginalized lives. Polls conducted periodically over the past 50 years indicate a gradual improvement of attitude by the general population towards people with epilepsy.

Experience has shown that people with epilepsy have fewer seizures if they lead normal active lives. This means that they should be encouraged to find jobs, either full or part-time. People with any disability are now protected under amendments of the Human Rights Code. However, some jobs, because of the nature of technical equipment or machinery, may not be recommended for a person with epilepsy. It is therefore most important for a young adult to work with the school guidance department to establish appropriate career goals.

If you are truly open-minded, you won't reject anyone for that reason. Rather, if the person is qualified and suitable for the job, you will make enquiries about the degree of their health condition.

If the answer to either of these questions is "yes," there's no reason not to hire that person.

In fact, there are some very good reasons to make a positive hiring decision. Studies show that, on average,

• people with epilepsy tend to work somewhat more conscientiously than others, to prove themselves;
  
• they tend to work more carefully and have fewer accidents;
  
• and they tend to have more loyalty to their employers, missing fewer days of work.
  

The next time someone with epilepsy applies for a job with your company, remember these facts. If the person is qualified, the person should be hired. Give them the opportunity they deserve to be constructive, useful, self- supporting members of society.

Chances are, you'll gain an industrious employee who will make a real contribution to your company's success.

The more you know about epilepsy, the less frightening it is.

Does the person with epilepsy have trouble obtaining life, health, automobile or disability insurance?

People with epilepsy can get insurance but it varies from company to company. An increasing number of companies are adopting a practice of assessing applications from persons with epilepsy on an individual basis, rather than relying on outdated information or broad assumptions about epilepsy.

When an agent reviews your application, there are several basic considerations taken into account:

• regular use of medication
• frequency of seizures
• complicating medical or physical condition, ex. heart disease
• employment
• use of alcohol
• driving record
  

It is important that you check with several insurance companies and compare the value of policies, since both price and coverage vary widely. Also, don't take for granted that if one company rejects your application, all companies will do the same.

If an insurance agent rejects the application verbally, ask for the reason in writing. This may make the company look more carefully at the application and it will give you a chance to reply, describing your own situation.

You may wish to find an insurance agent who deals with more than one insurance company.

The disability tax credit or DTC is a special credit available to you if you or your dependant have a severe and prolonged mental or physical impairment. People who are "markedly restricted" in performing at least one activity of daily living all or almost all of the time can qualify.

Not all people with disabilities will be able to claim the disability tax credit. The fact that you may qualify for and be receiving a federal or provincial disability pension or Workers' Compensation benefits does not automatically make you eligible to claim the DTC. In fact, very few people with epilepsy will qualify to receive the disability tax credit.

Anyone wishing the Revenue Canada Disability Tax Credit information kit should contact one of the Revenue Canada division offices or call toll-free 1-800-267-1267.

DRIVING & EPILEPSY

hortly after the automobile became available for widespread public use, licensing restrictions were introduced for people with seizures. Studies have suggested up to a two-fold increase in the risk of accidents in drivers with epilepsy compared to control populations, and there is some evidence that accidents that occur in drivers with epilepsy tend to be more serious, with greater injuries.

The granting of a driver's license is regulated by legislation, which has been enacted in each of the 13 provinces and territories. In all of these jurisdictions, the individual driver is required by law to report to the authorities any health problems, such as epilepsy, that could interfere with driving. In 5 provinces (Ontario, Manitoba, Newfoundland, New Brunswick, and Prince Edward Island) and the two territories, physicians are also required by law to report to the department of motor vehicles, anyone with a medical condition that might impair driving ability. Note that these laws do not specifically refer to epilepsy or any other particular medical condition.

If you or your doctor report your epilepsy to the department of motor vehicles, they will ask your doctor for specific information about your condition, which will be reviewed by a medical board, which then makes a recommendation about granting your driver's license.

Guidelines have been established by various agencies to help in determining from a purely medical standpoint which people with epilepsy are at higher risk for having an accident if they drive. The most commonly used in Canada are the guidelines written by the Canadian Medical Association; all doctors should have a copy of The Physician Guide to Driver Examination, 5th ed., 1991, in their office. It is available by contacting the Canadian Medical Association at (613) 731-9331 or on the internet at: http://www.cma.ca

• Avoid driving when tired and do not drive for prolonged periods of time. Employment that requires long hours of driving is not recommended.
  
• Take care not to go for long periods without food or sleep.
  
• Take your medication regularly. If treatment is changed or stopped, be aware that this may interfere with your fitness to drive. At the time such changes are made, it is wise to stop altogether for a period of time. Discuss this with your physician.
  
• Minor seizures can be as important as major ones when it comes to driving. Any such episodes should be reported to your physician.
  
• Anyone with a history of epilepsy should be sure to avoid drinking alcohol before driving. Alcohol always impairs driving, and may cause a seizure, which might not occur otherwise. It is important for someone with epilepsy to drive under the best conditions.