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.
See "Kmart Settles Bias Suit Filed by EEOC", The New York Times, March 11, 2004