EEOC Says Kmart Ditched Disabled Worker Over Urine Sample

By Abigail Rubenstein (September 6, 2013, 5:37 PM EDT) -- The U.S. Equal Employment Opportunity Commission slapped Kmart Corp. with a disability discrimination lawsuit on Thursday, accusing the discount retailer of refusing to employ a Maryland man because of his inability to provide a urine sample for drug testing due to a kidney ailment.

The agency alleges that the Kmart and its parent company Sears Holdings Corp.'s treatment of Lorenzo Cook, who was offered a customer service associate job but was ultimately not allowed to begin working because he could not offer a urine sample, ran afoul of the Americans with Disabilities Act and the Civil Rights Act.

The EEOC's suit...

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