Pass The Test

by Deborah Z Mark

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ponsulak/freedigitalphotos.net

 

Does your company require pre-employment drug screening?

Failing to comply with the law regarding pre-employment drug screening can cost your company big bucks.

Just ask Kmart.

Settlement

Kmart, a unit of Hoffman Estates, Illinois based Sears Holding Corp., just reached a settlement of $102,048 with the Equal Employment Opportunity Commission (EEOC).

Kmart offered Lorenzo Cook a job in its Hyattsville, Maryland store. Mr. Cook advised the hiring manager that due to his kidney disease and dialysis, he was unable to provide a urine sample to meet the company’s mandatory pre-employment drug screening policy. Kmart refused his request for a reasonable accommodation, such as a blood, hair, or other drug test not requiring a urine sample.

Denial

Then Kmart denied Mr. Cook employment because of his disability.

That was a costly decision.

$102,048.

Would your company have the funds to cover that?

Charged

The EEOC charged Kmart with disability discrimination in violation of the Americans with Disabilities Act (ADA).

Kmart disagrees with allegations made by the EEOC and says they decided to settle solely to avoid the burden, expense, and uncertainties involved in continued litigation and to eliminate disruption to their day-to-day business.

Perhaps they learned their lesson.

Let managestaff help with your company’s drug screening program. Give us a call today.

image: ponsulak/freedigitalphotos.net