IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND ‘EQUAL EMPLOYMENT ‘OPPORTUNITY COMMISSION, Plaincirt Civil Action No. 13-CV.0256 ‘KMART CORORATION; SEARS HOLDINGS MANAGEMENT CORPORATION Defendant. ‘CONSENT DECREE! “This action was instituted by Plainti the U.S. Equal Employment Opportunity Commission (*EEOC" of “the Commision’), against Defendants, Kmart Corporation and Sears Holdings Management Corporation (collectively “Defendant” or “Kmart” alleging violations of Sections 10% and 102() ofthe Aneticans with Disabilities Act ("ADA"), 42 US.C. 66 12112(a),(, The Commission alleges that in 2010 Kmart violated the ADA when Kiar filed to reasonably accommodate Lorenzo Cook inthe hiring proces and, because of his alleged Aisabilty, to he Mr, Cook fora position for which he was qualified and had received an offerofemployment. More specifically, the BEOC alleges that following an offer of employment, Mr. Cook disclosed to Kmart that he could ot pticipate in wrinalysis for Karts reqied pos offer, pre-employment drug Serening because of is kidney disease and alysis, and requested reasonable accommodation, including non-urne forms of drug sreeing, which Kona filed to provide, Defendant denies te allegations. “The EEOC and Defendant deste o resolve this ation without the ime and expense of ‘continued litigation, and they desire to formulate a plan, to be embodied in this Decree that will‘resolve the EEOC's clas and promote and effectuate the purposes ofthe ADA. This Decree doesnot constitute an adjudication onthe merits of the EEOC's cans andi shall not be construed as an admission by Defendant of any discrimination in voltion of the ADA or any oer lw nor shalt be constrved as waver bythe EEOC ots cotetions of dssriminaion in Violon ofthe ADA “The Court has examined this Deore and finds that tis reasorable and just and in accordance with the Federal Rules of Civil Procedure andthe ADA. Therefore, upon due consideration ofthe record hei, itis ORDERED, ADJUDGED AND DECREED: “This Decree resolves all claims alleged in the Complaint filed bythe EEOC inthis [ADA action (13-cv-02576 - United States District Court forthe Distiet of Maryland. ‘This Decte shall be in effec for apoio of to (2) years from te dt itis centeredby the Cour. 3, Defendant and its officers, servants, employees, successors, and assigns are ‘hereby enjoined from violating the provisions of Tit ofthe ADA and shal refan from disesiminating or taking avers employment ations agsinst disable individuals onthe bass of their disability oron the basis ofthe need to accommodate their disability and furtber shall providereasonuble accommodations to such individuals as required by the ADA 4, In fll setement of monetary damages alleged bythe EEOC inthis case, Defendant will pay Cook 102,048 within hity (30) days from the date of entry ofthe Dose “This fgure represents $2,068 in alleged Tost wages and monetary beueits with interest. The remainders paid as alleged non-economic relief, Defendant shall withhold all aplicabe taxes, and steutory deductions from the $2,048 portion ofthe payment. Defendant's required employer contributions under FICA are separate fom, and shall notbe deducted from, the$2,048 payment representing lost wages and monetary benefits. When Defendant makes its psyment it shall lo issue Internal Revenue Service W-2 and 1099 forms to Cook forthe ‘monetary settlement. The payments and forms required under this paragraph shal be delivered by certified mailto Lorenzo Cook, 11639 Abbottswood Cour, Kettering, MD 20774 5. Within sixty (60) days from the date of etry of the Decre, Defendnt will revise its “Directions far using the Request for Accommodation (Disability) Fonms;” “Accommodation Request Form,” “Health Care Provider Certification” form, and “Documenation of ‘Accommodation Process” form, to provide for the processing of accommodation requests from current employees and applicants for employment. Within ten (10) days ofthe revision ofthe forms, Defendan wil provide certification tothe Commission's counsel of record thatthe same has occurred and provide a copy ofthe revised documents 6. Within sixty (60) days from the date of entry ofthe Decree, Defendant will revise its STF-09 Aleoliol and Drug Free Workplace Policy and STF-03 Pre-Employment Drug Testing Policy to include: a description of Defendant's obligation to provide reasonable accommodations to employees ani/or applicants inthe aleahol and drug testing processes, and an explanation of, the process for handling accommodations in the aleohol and drug testing program and the positions) or epresentative(s) to whom accommodation requests or questions concerning drug- testing shouldbe directed. Defendant will also, within sixty (60) days fron entry ofthe Decree, Morgan, Lewis & Bockius LLP TIT Pennsylvania Ave, NW ‘Washington, DC 20004 (202) 739-5189 Maria Laisa Morocco Supervisory Trial Attorney EOC Washington Field Office 131M Street, NE Washington, DC 20807 (202) 419.0724 ‘Thomas D-Rethge, J. Senior Trial Attorney [BDOC Philadelphia Dstict Office 801 Market Stree, Suite 1300 Philadelphia, PA 19107 (215) 440-2683 0 ORDERED. Signed and entered this__ day of. 2013. ‘George I. Hazel United States Dist Court JudgeExhibit A, NOTICETO APPLICANTS AND EMPLOYERS POSTED PURSUANT TO A CONSENT DECREE BETWEEN THE US. EQUAL, EMPLOYMENT OPPORTUNITY COMMISSION AND KMART CORPORATION ‘Kmart Comporation (“Kmart”) i fully committed to maintaining, a workplace where al applicants and employees ere fee from illegal discrimination, including discrimination based on isabilty, as is recognized by Kmart's employment policies and required by federal law, including the Americans with Disabilities Act "the ADA"). The ADA prohibits Kmart from making any decisions about employment (such as biting, promotion, compensation, discipline, te.) based on an employee's or applicants disability. The ADA also requires Kmart to provide ‘reasonable accommodation to any disabled applicant or employee that permits him/her to participate in the applicaticn process, perform the essential functions of his/her existing or desired positon, andor to enjoy equal benefit and privileges of employment as other employees - provided such accommodation does not create an undue hardship on Kmart. We want you to kaow that: (1) Weare 100% dedicated to upholding the law and our policies. @) Weill notdiseriminateor tolerate any discrimination against employees ‘or applicant on any impermissible basis, including disability. @)__ We will mate personnel decisions without regard to a person's disbility or their ‘existing oF potential need for a reasonable accommodstion. (4 Weill mace reasonable accommodations to applicants and employees with Aisebiltes. Any applicant or employee needing a resonable accommodation should natty a store manager or People Coach. (5) If youhave any questions about employment discrimination or reasonable sccommodations, you should contact KMART CORPORATION By: Tite: