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Mammography Tech with Epilepsy Unqualified under ADA Because Unconscious During Seizures

May 18, 2013
Source: Lexology

During seizures, the tech would lose consciousness for several minutes. Twice she had a seizure while conducting mammogram examinations on patients. In affirming summary judgment, the court also rejected plaintiff's argument that her employer failed to accommodate her by providing her "intermittent rest" because rest did not eliminate the seizures and did not allow her to perform her essential job functions during her periods of temporary incapacity. "The hospital need not subject its patients to potential physical and emotional trauma to comply with its duties" under the ADA, the court added.

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