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Apprehending Epilepsy TM VOL. 4 Fall/winter 2013 Fall/winter apprEhEnding EpilEpsy as a police officer, Marcel was used to fighting crime. then he came face-to-face with a whole new offender: epilepsy. EpilEpsy in thE WorkplacE Know your rights about epilepsy and discrimination. INSIDE: • Dr. Jacob schneiderman answers work-related questions A DYNAMIC DUO: Meet epilepsy research’s • canadian laws on driving and epilepsy power couple • how to create a safer work environment WELCOMe CONteNt Guest Contributor: Dr. W. MCintyre burnhaM Dear Reader, As Professor Emeritus of Neuropharmacology and Co-Director of EpLink, an epilepsy research program founded by the Ontario Brain Institute, my interest in epilepsy has chiefly been scientific. The scientific questions Prior to being diagnosed with that engage researchers are: why seizures occur, how they affect the brain, and how epilepsy, Marcel was a police treatment can help suppress them. In addition officer in Ontario, and a to scientific questions, however, I am also well aware of the psychosocial impact epilepsy self-described “tough can have on those it afflicts. On that note, copper” at that. I am pleased to introduce to you this issue of E-Action® magazine, which addresses what I deem to be an important issue for epilepsy sufferers: the question of work. Many people with epilepsy face significant challenges when it comes to securing suitable work, and frequently find themselves either underemployed or unemployed. Consequently, if epilepsy remains uncontrolled, job choices can be limited. Needless to say, work is a critical issue for those with epilepsy, which is why E-Action® has dedicated this issue of the magazine to exploring work and work-related issues. In the cover story entitled Apprehending FAll/WINTEr 2013 Epilepsy, you’ll read about Marcel’s struggle with seizures that left him fighting depression, anxiety, and ultimately forced him to take a different direction with his career. In Epilepsy in the Workplace: Know Your . Rights, discover what your rights are and how those with epilepsy are protected by the Canadian Human Rights Act. Since work invariably involves transportation, you can also read about what the laws are in DEPARTMENTS FEATURES Canada with respect to driving and epilepsy in To Drive or Not to Drive. In our Ask the Expert column, Dr. Jacob Schneiderman, Neurologist at St. Michael’s Hospital in Toronto, answers patient questions ALERIE SIMMONS V 5 2 related to epilepsy and work. The Role Model column features a husband and wife team that have played a Newsroom: Epilepsy in Cutting-edge research; Epilepsy support critical role in our understanding of epilepsy: Drs. Eva and Frederick Andermann. Lastly, in the Newsroom the Workplace: PAGE: goes mobile learn about the groundbreaking research that’s being done by Ontario Brain Institute’s EpLink Program. Know your rights when it comes to discrimination RIGHT I hope you find this latest edition of E-Action® both engaging and valuable. But most of all, I wish you the 14 Cover Story: ky; best of health and happiness. S Marcel talks about facing epilepsy as a 8 w police officer To Drive or ALLE Not to Drive? S oN the COVer 17 Meet the Andermanns: Discover what the laws are in Canada OBIAS Epilepsy research’s power couple T Marcel talks about 12 Staying Safe at Work: Dr. w. MciNtyre BurNhaM, phD how epilepsy forced Tips for creating an epilepsy-friendly PAGE: Professor Emeritus, Pharmacology him to take a new 18 Ask the Expert: work environment direction in his career Dr. Jacob Schneiderman answers Director, University of Toronto Epilepsy Research Program LEFT Co-Director, EpLink Epilepsy Program, Ontario Brain Institute as a police officer. common questions Photo by Valerie Simmons. 20 Get More From Your CREDITS: Next Doctor’s Visit PHOTO 21 What’s in the Next Issue? A sneak-peek at what’s in store for E-Action® check out our website! Visit our website! The information provided in this magazine is educational only and is not intended Get the facts you need about living with epilepsy at Stay up-to-date with the facts about living to replace the advice of your healthcare professional. Talk to your doctor about the the click of mouse. Visit www.e-action.ca. with epilepsy: at www.e-action.ca. proper management and treatment of your epilepsy. epilepsy iN the WORKPLACE epilepsy iN the worKplace A Matter of Human rights Epilepsy is considered a disability under Human Rights IN THE legislation. This means an employer cannot discriminate Epilepsy against an employee with epilepsy. For example, an employer cannot dismiss someone only because of his or her epilepsy unless the employee cannot perform his or her job because of seizures and the employer cannot provide alternate work or make accommodations without enduring Workplace: “undue hardship”. KnOw yOur righTs Just what qualifies as “undue hardship”, however, is a bit of a sticky issue. Thomas Stefanik, a Labour Relations expert and partner at Torkin Manes LLP, explains that According to a recent Leger Marketing study*, maintaining employment ranks undue hardship can mean a number of different things. among the top five concerns for people living with epilepsy – and it seems the “It usually involves an argument that the employer cannot less control you have over your condition, the greater the concern. assist the employee in doing his or her job, regardless of how the job has been modified” says Stefanik. In some Telling your employer and/or colleagues about your epilepsy may mean that cases it has meant that the employer cannot accommodate you have to deal with misconceptions and old wives’ tales. But it certainly does an employee’s request for modified hours of employment not mean that you have to put up with discrimination, demotion, or wrongful because the hours don’t fit within the business’ model, for dismissal simply because of your medical condition. As someone with epilepsy, example. The Canadian Human Rights Act doesn’t flat-out define undue hardship, either, but notes that “health, safety you are entitled to the same basic human rights as someone without. and cost” would all be factors in determining its presence. communication is key in Dispute resolution …all individuals should have an opportunity…to make From Stefanik’s experience, cases where companies for themselves the lives that they are able to and wish complain of “undue hardship” are rare. Instead, in most to have, and to have their needs accommodated… cases, there’s simply a lack of communication between the “ without being hindered in or prevented from doing so ” employee and his or her employer about mutual expectations by discriminatory practices based on…disability. for accommodation. Once that hurdle is overcome and the conversation is rolling, however, things move quickly — Canadian Human Rights Act towards a settlement both parties can be comfortable with. To help get a constructive conversation started with an employer, Stefanik recommends that people with epilepsy get their doctor to write a letter to their employer outlining specifically how they can be accommodated. Accommodation might be as simple as reassigning someone who can no longer drive to an office position, or designating a quiet room for rest and recovery after a seizure. Continues on next page... The Canadian Human Rights Act can be downloaded at: http://laws-lois.justice.gc.ca/eng/acts/h-6/ * The survey was funded by UCB Canada Inc. 2 Taking Action Against Epilepsy™ E-Action.ca 3 epilepsy iN the worKplace NewsrooM constructive Dismissal anna’s story Sometimes an employer might not dismiss an employee After a successful surgery to treat her epilepsy, Anna’s outright, but may instead fundamentally change the doctor told her she could start working again. However, she terms and conditions of their employment. This is called advised her to take it easy at first, and work up to full-time. constructive dismissal. Examples are a cut in pay or a geographic transfer that would force the employee to When much time had passed and Anna still hadn’t received relocate. If you feel this situation applies to you, it is the ‘green light’ from her employer to come back to work, important to state clearly to your employer that you she called her union. With their help, she started working object to the change. Otherwise, a complaint may again. But upon her return, she was confronted with not stand up in court. a closed-minded attitude both from her colleagues and her employer. She was shocked and hurt at the Do you think you’re being discriminated lack of understanding, especially given the against? fact that this was at a rehabilitation healthcare centre. Ultimately, Anna’s If you feel you’re being treated differently because of employer refused to accommodate your epilepsy, don’t be afraid to speak up. Start by talking her very slight limitations. Tired of directly to your employer. If the problem persists, contact constantly battling the negative your Human Resources (HR) department (if your company mindset, she quit. has one). HR professionals are trained to mediate and can often resolve workplace issues before they escalate. Needless to say, Anna was very hurt by the whole experience. If you have exhausted your internal resources with little Her story shows us how far we or no success, Stefanik suggests filing your complaint with have yet to go to make the workplace your province’s Human Rights Tribunal. Once this is done, a level playing field for all employees, More Fundingfunding your employer will then be served with that complaint and regardless of
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