$65,000 to Settle Disability Bias Suit, Training Required
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Monday, January 12, 2015 |
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EZEFLOW USA, a pipe fitting manufacturer located in New Castle, Pa., will pay $65,000 and provide significant equitable relief to resolve a federal disability discrimination lawsuit.
The EEOC charged that Iraq and Afghanistan U.S. Marine Corps veteran Adam Brant, who worked as a maintenance technician, requested six weeks of unpaid medical leave when he experienced seizures caused by service-related disabilities. EZEFLOW USA denied the request because Brant was still a probationary employee. Even though EZEFLOW USA maintains a policy of providing up to 26 weeks of paid leave to non-probationary employees, the company refused to provide Brant with unpaid leave as a reasonable accommodation and fired him because of his disability, according to the lawsuit.
Such alleged conduct violates the Americans with Disabilities Act, as amended (ADA). The EEOC filed suit (EEOC v. EZEFLOW USA, Inc., Civil Action No 02:14-cv-527) in the U.S. District Court for the Western District of Pennsylvania, after first attempting to reach a voluntary pre-litigation settlement through its conciliation process.
In addition to the $65,000 in monetary relief to Brant, the 28-month consent decree resolving the lawsuit prohibits EZEFLOW USA from engaging in disability discrimination or retaliation. The company will revise its policies to ensure that probationary employees with disabilities are given unpaid leave when needed as a reasonable accommodation. EZEFLOW USA will also provide training on the ADA.
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