Probationary status doesn’t bar ADA accommodation — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Probationary status doesn’t bar ADA accommodation

Get PDF file

by on
in Discrimination and Harassment,Human Resources

New Castle-based pipe fitting manufacturer EZEFLOW USA has agreed to pay $65,000 to settle a disability discrimination suit filed by a former marine who had requested six weeks of unpaid leave to treat seizures resulting from his service in Iraq and Afghanistan.

Because the man was a probationary employee, EZEFLOW refused his accommodation request and terminated him.

He filed a complaint with the EEOC. Its investigation revealed the company had a policy of providing 26 weeks of unpaid leave to all employees regardless of probationary status.

In addition to the money, the company agreed to a 28-month consent decree requiring it to revise its accommodation policy to include probationary employees and train its managers and supervisors about employee rights under the ADA.

Note: Employers must explore ­reasonable accommodation options with all employees who meet the ADA’s definition of disability, regardless of their tenure.

Leave a Comment

Previous post:

Next post: