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
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Probationary status doesn’t bar ADA accommodation

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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.

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