University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. KROGER TEXAS LP EE-TX-0193
Docket / Court 3:01-cv-00226 ( S.D. Tex. )
State/Territory Texas
Case Type(s) Disability Rights-Pub. Accom.
Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The Houston office of the EEOC brought this suit against the Kroger Company (which was subsequently substituted for Kroger Texas, L.P.) in April 2001 in the U.S. District court for the Southern District of Texas. Several months later, the complainant intervened. The statutory basis for the ... read more >
The Houston office of the EEOC brought this suit against the Kroger Company (which was subsequently substituted for Kroger Texas, L.P.) in April 2001 in the U.S. District court for the Southern District of Texas. Several months later, the complainant intervened. The statutory basis for the allegations is unclear, but the EEOC contended that the Kroger Co. constructively discharged the complainant and failed to accommodate him by failing to allow him to confer with a job coach or parent prior to the resigning in violation of the ADA. After an administrative closing, the case was reinstated. The parties reached a partial consent decree and the claims of the intervenor were dismissed.

The partial consent decree included non-discrimination and non-retaliation clauses and required Kroger Texas to train managers and co-managers assigned to work in its District No. 1 concerning their obligations under the ADA. It also required Kroger Texas to allow a three day grace period before allowing a resignation to become effective when a mentally retarded employee resigns in response to a suspension for a terminable offense. The decree had a two year term.

Kevin Wilemon - 07/20/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Discrimination Prohibition
Other requirements regarding hiring, promotion, retention
Provide antidiscrimination training
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Discrimination-basis
Disability (inc. reasonable accommodations)
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. ยงยง 12111 et seq.
Defendant(s) Kroger Texas
The Kroger Company
The Kroger Company
Plaintiff Description Equal Employment Opportunity Commission, on behalf of one or more workers.
Indexed Lawyer Organizations EEOC
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2002 - 2004
Case Closing Year 2002
Case Ongoing No
Additional Resources
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Case Studies Megacases, Diversity, and the Elusive Goal of Workplace Reform
Written: Mar. 01, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
3:01-cv-00226 (S.D. Tex.) 01/10/2002
EE-TX-0193-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Partial Consent Decree 01/04/2002
EE-TX-0193-0001.pdf | Detail
Judges None on record
Monitors/Masters None on record
Plaintiff's Lawyers None on record
Defendant's Lawyers None on record
Other Lawyers None on record

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