KMART SUED FOR DISABILITY DISCRIMINATION FOR FIRING GREETER WHO USED CANE

Retail Giant Punished Worker for Back Impairment, EEOC Charges

NORFOLK,  Va. – National retail giant Kmart  Corporation violated federal law by firing an employee because of his disability,  the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit  filed yesterday under the Americans With Disabilities Act (ADA) on behalf of a  former worker who uses an assistive walking device.

The EEOC’s  suit, filed in he U.S. District Court for the Eastern District of Virginia (Equal Employment Opportunity Commission v. Kmart  Corporation, Civil Action No. 2:09CV291), asserted that around September  2004 Alonzo McGlone was hired as a greeter at a Kmart Super Center in Norfolk,  Va. McGlone, who has a debilitating  back impairment, uses a cane to assist him in walking and standing. The EEOC’s suit charged that McGlone was  successfully performing his duties as a greeter when he was observed using his  cane. According to the EEOC, McGlone was  fired because of the use of his cane.

The  EEOC filed suit after first attempting to reach a voluntary settlement out of  court. The EEOC's lawsuit seeks  reinstatement of McGlone into his former position or an equivalent one, as well  as back pay, compensatory damages, and punitive damages. The EEOC also seeks an injunction ordering Kmart  to institute and carry out policies, practices, and training programs which  provide equal employment opportunities for persons with disabilities, and a  work environment free from disability discrimination. 

“Mr.  McGlone lost his job because he needed to use an assistive device to walk,”  said Herbert Brown, director of the EEOC’s Norfolk Local Office. “It is unfortunate that many employers still  deny people who are ready and able the opportunity to work simply because of a  disability. The EEOC will continue to  fight for the rights of people victimized by such prejudices.”

During Fiscal Year 2008, disability discrimination charge filings with the  EEOC nationwide rose to 19,453 -- an increase of 10 percent from the prior  fiscal year and the highest level in 14 years.

Lynette A. Barnes, regional  attorney for the EEOC’s Charlotte District Office, which includes the Norfolk  Local Office, added, “This lawsuit is a reminder that, although we have made  great strides in educating employers and the public about disability  discrimination, some employers still judge applicants and employees based on a  disability rather than on their proven ability to do a job.”

According to its web site,  www.kmart.com, Kmart is a wholly  owned subsidiary of Sears Holdings Corporation.  As of January 31, 2009, Holdings operated a  total of 1,368 Kmart stores across 49 states, Guam, Puerto  Rico, and the U.S. Virgin Islands.

The EEOC enforces federal laws prohibiting employment  discrimination. Further information  about the EEOC is available on its web site at www.eeoc.gov.