Health-Related License Suspensions and Driving Records

[winorlose1]

What is the name of your state (only U.S. law)? PA

I had a seizure and as a result my driver's license was suspended. I got my DL back and driving privileges reinstated because I was seizure-free for 6 months.

Although I don't really like the thought of taking a job that requires driving a car all day, in my area of PA, these are pretty much the better-paying jobs that are available to me (especially given my past work experience) unless I want to settle for making a very low wage working at a restaurant or retail store.

So I'm back in the job hunting game again but it just dawned on me that I may be in for disappointment. I fear that even though I have a clean driving record, prospective employers will find out that my license was suspended for having a seizure when they access my driving record. Therefore I will never be able to get a job which requires driving a vehicle ever again.

Am I right in my assumption or not? I have no idea what information an employer has access to when they check an employee's driving record.

 

[Just Blue]

What is the name of your state (only U.S. law)? PA

I had a seizure and as a result my driver's license was suspended. I got my DL back and driving privileges reinstated because I was seizure-free for 6 months.

Although I don't really like the thought of taking a job that requires driving a car all day, in my area of PA, these are pretty much the better-paying jobs that are available to me (especially given my past work experience) unless I want to settle for making a very low wage working at a restaurant or retail store.

So I'm back in the job hunting game again but it just dawned on me that I may be in for disappointment. I fear that even though I have a clean driving record, prospective employers will find out that my license was suspended for having a seizure when they access my driving record. Therefore I will never be able to get a job which requires driving a vehicle ever again.

Am I right in my assumption or not? I have no idea what information an employer has access to when they check an employee's driving record.

Was this a random seizure or do you have Epilepsy?

 

[winorlose1]

For some reason, my reply got moderated.

 

[Just Blue]

For some reason, my reply got moderated.

Okay...Try again and don't use a link.

 

[winorlose1]

Thank you for your help and quick replies.

Short version: My official diagnosis is "Seizure Disorder" and not "Epilepsy".

 

[winorlose1]

Just an update on answering your question. According to Johns Hopkins Epilepsy Center...

The difference between “epilepsy” and “seizures” Many believe that having a seizure equates to having epilepsy. Although the two terms are often used simultaneously, a seizure (which is a single occurrence) is different than epilepsy (which is defined as two or more unprovoked seizures).

So I guess, by their definition, I have Epilepsy because I have had more than 2 unprovoked seizures in my lifetime. The last one was not unprovoked as I stopped taking my medication after being seizure free for 8 years. Then, 9 months later, I had a seizure in my sleep.

Scientifically speaking, since there is no known cause for my seizures to begin with, no one can say 100% whether or not my last seizure was provoked by not taking my meds or if it was "just time" for me to have another.

However, since I had at least 4 seizures (2006 & 2007) prior to being put on medication (which seemed to have stopped the seizures), I guess that defines my condition as "Epilepsy", since I had more than 2 and they were 100% "unprovoked" (meaning, I am not an alcoholic, drug addict, not taking meds that provoke seizures as a side effect, no brain injuries or abnormalities, and there is no other medical explanation for my seizures).

So, I hope this answers your question.

However, I am almost 100% sure that my doctor has diagnosed me as "Seizure Disorder" and not "Epilepsy".

Also, just so you know, I have decided to pay $5 for my 10-year driving record so I will find out if my driving record shows I had a license suspension due to a health-related reason.

 

[HC1432]

If you have Epilepsy, or a similar on-going condition (in other words, this is not a one-time medical event), prospective employers cannot use that condition as a basis for denying you employment with their company. They should not even ask you about it during the hiring process.

With that said, they can ask you about your abilities to perform the essential functions of the job.

If something did show up on your driving history related to your suspended license, it is best that you be honest as to the reason for the suspension. While they cannot deny you employment solely because you have a medical condition, they can deny employment if they have good reason to believe that you cannot safely perform the essential duties of the position.

Similarly, their decision to hire you or your continued employment after being hired may be dependent on their ability to make reasonable accommodations to the medical condition so that you can perform the job. While this is a legal requirement, they do not need to hire you, or keep you employed after being hired, if they can accurately claim that accommodating the medical condition would impose an undue hardship for them or the accommodations would not allow you to perform those duties that are essential to the position.

Of course, they can always not hire you, or fire you after being hired, for basically any reason that is not protected by law provided they can defend the reason's legitimacy (i.e. we had a more qualified candidate, etc.) and there is no evidence that you were denied the employment BECAUSE you are disabled.

Good luck!

 

[winorlose1]

Thanks. Yes, I do understand all of that.

Hopefully in a couple of weeks I will have my driving record in hand and I will post here as to whether or not the PA DMV reports seizure suspensions so others looking for this topic will know. (Didn't order the driving record online as it costs twice as much lol so I have to wait weeks for the machine to receive my payment and mail it via snail mail.)

At this point, it's not so much a legal issue as it is just an informational experiment for the epilepsy/seizure disorder community of PA. I'm not about to engage in a legal battle with the government of PA. But no use in applying for jobs where the prospective employer is going to see you as a liability once they see your driving record. They don't do this until after the interview and when they do your on-boarding paperwork, so going to interviews for driving jobs is an utter waste of time in situations like this.