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.