This Law Firm Publication by Epstein, Becker & Green, P.C. discusses Garvey v. Kmart Corp., in which the US District Court for the Northern District of California held after a bench trial that Kmart was not required to redesign its cashier and bagging areas to provide seats to comply with California's "suitable seating" requirements. The court recognized that Kmart has a genuine rationale for requiring cashiers to stand relating to safety, image and efficiency. However, the court left open the possibility that another form of seating, "lean-stools," could be consistent with Kmart's job requirements.