Kmart settles bias suit filed by EEOC

? Kmart Corp. will pay $60,000 to settle a job discrimination lawsuit filed on behalf of a mentally disabled Kansas man, the U.S. Equal Employment Opportunities Commission’s St. Louis district office said Thursday.

The lawsuit filed by the EEOC in July alleged that Kmart violated the Americans with Disabilities Act by refusing to hire Edward Jones, 35, of Overland Park, Kan., as a stocker for its store in the Kansas City suburb.

Jones is mildly mentally retarded but qualified to perform the job, the EEOC said. The lawsuit claimed he scored higher on a pre-employment questionnaire than applicants later hired for the job.

Kmart also agreed to post a new policy against discrimination and provide ADA training to employees at the Overland Park store.

A statement from Kmart said the company’s policy is to practice equal opportunity for employment and promotion, and to be in full compliance with the ADA. The statement said the company was pleased to resolve the case.

“Employers must recognize that the ADA provides the same protections for individuals with mental disabilities as it does for those with physical impairments,” said Lynn Bruner, director of the EEOC’s St. Louis office.