EEOC sues Kmart alleging disability discrimination

The Equal Employment Opportunity Commission is suing retail giant Kmart for employment discrimination, alleging that the company fired an employee because he used a cane.

The EEOC says the retailer violated the Americans with Disabilities Act by firing a greeter at a store in Norfolk, Va.

The lawsuit claims the greeter was "successfully performing his duties" while using a cane because of a severe back impairment.

The agency says it filed suit after trying to reach a voluntary settlement with Kmart. The lawsuit, filed in Norfolk, seeks reinstatement of the greeter, back pay and compensatory and punitive damages as well as an order that Kmart carry out policies offering equal employment opportunities for persons with disabilities.

A spokeswoman for Kmart said the retailer had no immediate comment on the suit.

Kmart is a unit of Sears Holdings Corp.