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.

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, report to the EEOC regarding its compliance with the consent decree and post a notice about the settlement.

"This case is significant because it demonstrates that even probationary employees may be entitled to a reasonable accommodation under the ADA," said EEOC Philadelphia District Director.  "An employer must provide a reasonable accommodation unless it can show that doing so would cause a significant difficulty or expense."

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.