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.
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