Kmart To Pay For Not Hiring Kidney Patient In Drug-Testing Dispute

Kmart To Pay For Not Hiring Kidney Patient In Drug-Testing Dispute

The Equal Employment Opportunity Commission has reached a $102,048 settlement with Kmart Corp. over its drug screening policy with regard to an applicant with kidney disease, which is the third such suit it has settled. After Kmart offered Lorenzo Cook a job in its Hyattsville, Maryland store, Mr. Cook advised the hiring manager he could not provide a urine sample under the company’s mandatory pre-employment drug screening policy because of his kidney disease and dialysis.

He requested a reasonable accommodation, such as a blood, hair or other drug test that did not require a urine sample, but Kmart refused and denied Mr. Cook employment because of his disability, said the EEOC. The agency charged Kmart with disability discrimination in violation of the Americans with Disabilities Act in litigation filed last year.


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Posted Under: EBI

Post By Barry Nixon (262 Posts)

W. Barry Nixon is the COO, the leading background screening information portal and online worldwide directory of professional background screening firms and Suppliers to the background screening industry. He co-authored the landmark book, Background Screening & Investigations: Managing Hiring Risk from the HR and Security Perspective. He also is the publisher of award winning newsletters, The Background Buzz and The Global Background Screener, and the author of the Background Checks column in PI Magazine.

In addition, Barry is a past recipient of the elite ‘Top 25 Influential People in Security’ by Security Magazine and past Co-Chair, International Committee for the National Association for Professional Background Screeners (NAPBS). He currently serves as a Global Ambassador for NAPBS.

You can contact Barry at 1-949-770-5264 or online at