EEOC says Kmart Corp. violated disabilities act

ST. LOUIS -- The U.S. Equal Employment Opportunity Commission filed suit Tuesday against Kmart Corp., alleging the company violated the Americans with Disabilities Act by refusing to hire a man because of his mental disability.

The lawsuit was filed by the EEOC office in St. Louis on behalf of Edward Jones, 35, of Overland Park, Kan. It seeks back pay, unspecified damages and an injunction to prevent future discrimination against people with disabilities.

Jack Ferry, a spokesman for Troy, Mich.-based Kmart, said providing equal employment opportunities is company policy, as is full compliance with the Americans with Disabilities Act.

Ferry declined comment on the case, saying Kmart has not been served with the lawsuit.

Jones, 35, is mildly mentally retarded but qualified to perform the duties of stocker, the EEOC suit said. The lawsuit claimed that he scored higher on Kmart's pre-employment questionnaire than applicants later hired for the job.

"It is important that employers realize that obeying the law, with respect to the ADA, means not making hiring decisions based upon stereotypes or prejudices regarding applicants with either physical or mental limitations," said Lynn Bruner, director of the EEOC office in St. Louis.

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On the Net:

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