A lawsuit was brought against Kmart by the U.S. Equal Employment Opportunities Commission in July, alleging that the company violated the Americans with Disabilities Act by refusing to hire a mentally disabled man as a stocker. According to the lawsuit the man was qualified for the job and scored higher on the pre-employment questionnaire than applicants later hired for the job. Kmart, who will pay $60,000 to settle the lawsuit, claims that the company's policy is to practice equal opportunity for employment and promotion.