Kmart Sued by EEOC for Disability Discrimination
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EEOC Charges Kmart rejected applicant who needed a reasonable accommodation for his kidney condition
Baltimore, MD - infoZine - Kmart Corporation, a leading national retailer, violated federal law by refusing to employ as a store associate an individual with a disability who needed a reasonable accommodation, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed.
According to the EEOC's suit, after Kmart offered Lorenzo Cook an associate position at its Hyattsville, Md., store, the hiring official scheduled him for an appointment to complete his new-hire paperwork and submit to drug screening. When Cook later met with the hiring official as requested, he advised the manager that he suffered from kidney failure and could not provide a urine sample for urinalysis because he undergoes dialysis. Cook expressed his willingness to participate in drug testing and asked about reasonable accommodations such as drug testing not requiring urine, including blood or hair testing. The manager said she needed to discuss his request with her colleagues. About two weeks later, without discussing possible alternatives to the urinalysis, the hiring manager told Cook that Kmart's policy required all new hires to undertake a standard urine test. Kmart denied Cook employment because he could not complete the urinalysis, the EEOC said.
Such alleged conduct violates the Americans with Disabilities Act (ADA), which requires employers to provide a reasonable accommodation, including during the application and hiring process, unless it can show it would be an undue hardship. The ADA also prohibits employers from refusing to hire individuals because of their disability.
The EEOC filed suit (EEOC v. Kmart Corporation; Sears Holdings Management Corporation; Sears Holding Corporation; Civil Action No. 13-cv-02576) in U.S. District Court for the District of Maryland after first attempting to reach a voluntary pre-litigation settlement through its conciliation process. The EEOC seeks injunctive relief prohibiting Kmart from discriminating based on disability, equitable relief that provides equal employment opportunities for individuals with disabilities, and lost wages, compensatory and punitive damages and other affirmative relief for Cook.
According to its website, Kmart is a wholly owned subsidiary of Sears Holdings Corporation, operates a total of 1,221 Kmart stores across 49 states, Guam, Puerto Rico, and the U.S. Virgin Islands.
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http://www.infozine.com/news/stories/op/storiesView/sid/56981/ Staff infoZine EEOC Charges Kmart rejected applicant who needed a reasonable accommodation for his kidney condition Baltimore, MD - infoZine - Kmart Corporation, a leading national retailer, violated federal law by refusing to employ as a store associate an individual with a disability who needed a reasonable accommodation, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed. According to the EEOC's suit, after Kmart offered Lorenzo Cook an associate position at its Hyattsville, Md., store, the hiring official scheduled him for an appointment to complete his new-hire paperwork and submit to drug screening. When Cook later met with the hiring official as requested, he advised the manager that he suffered from kidney failure and could not provide a urine sample for urinalysis because he undergoes dialysis. Cook expressed his willingness to participate in drug testing and asked about reasonable accommodations such as drug testing not requiring urine, including blood or hair testing. The manager said she needed to discuss his request with her colleagues. About two weeks later, without discussing possible alternatives to the urinalysis, the hiring manager told Cook that Kmart's policy required all new hires to undertake a standard urine test. Kmart denied Cook employment because he could not complete the urinalysis, the EEOC said. kmart Such alleged conduct violates the Americans with Disabilities Act (ADA), which requires employers to provide a reasonable accommodation, including during the application and hiring process, unless it can show it would be an undue hardship. The ADA also prohibits employers from refusing to hire individuals because of their disability. The EEOC filed suit (EEOC v. Kmart Corporation; Sears Holdings Management Corporation; Sears Holding Corporation; Civil Action No. 13-cv-02576) in U.S. District Court for the District of Maryland after first attempting to reach a voluntary pre-litigation settlement through its conciliation process. The EEOC seeks injunctive relief prohibiting Kmart from discriminating based on disability, equitable relief that provides equal employment opportunities for individuals with disabilities, and lost wages, compensatory and punitive damages and other affirmative relief for Cook. According to its website, Kmart is a wholly owned subsidiary of Sears Holdings Corporation, operates a total of 1,221 Kmart stores across 49 states, Guam, Puerto Rico, and the U.S. Virgin Islands.
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