ENTITY SETTLES EEOC DISABILITY DISCRIMINATION LAWSUIT
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 announced recently. The EEOC charged that a Iraq and Afghanistan U.S. Marine Corps veteran, who worked as a maintenance technician, requested six weeks of unpaid medical leave when he experienced seizures caused by service-related disabilities. Company denied the request because veteran was still a probationary employee. (EEOC v. EZEFLOW USA, Inc., Civil Action No 02:14-cv-527, U.S. District Court for the Western District of Pennsylvania).
In addition, the consent decree resolving the lawsuit prohibits company 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. Company will also provide training on the ADA, report to the EEOC regarding its compliance with the consent decree and post a notice about the settlement.
The EEOC has issued two revised publications addressing veterans with disabilities and the ADA. The Guide for Employers explains how protections for veterans with service-connected disabilities differ under the ADA and the Uniformed Services Employment and Reemployment Rights Act (USERRA). It explains how employers can prevent disability-based discrimination and provide reasonable accommodations.
The Guide for Wounded Veterans answers questions that veterans with service-related disabilities may have about the protections available when they seek to return to their former jobs or look for civilian jobs. The publication also explains the kinds of accommodations that may be necessary to help veterans with disabilities obtain and successfully maintain employment.