University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. KROGER EE-TX-0192
Docket / Court H-05-1768 ( S.D. Tex. )
State/Territory Texas
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
IWPR/Wage Project Consent Decree Study
Attorney Organization EEOC
Case Summary
The Houston office of the EEOC filed this suit on May 17, 2005 in the U.S. District Court for the Southern District of Texas. Two complainants intervened in the suit and along with the EEOC alleged violation of Title VII by Kroger Texas LP. Specifically, it was alleged that Kroger refused to hire ... read more >
The Houston office of the EEOC filed this suit on May 17, 2005 in the U.S. District Court for the Southern District of Texas. Two complainants intervened in the suit and along with the EEOC alleged violation of Title VII by Kroger Texas LP. Specifically, it was alleged that Kroger refused to hire the female complainants and other unnamed class members because of their gender. After discovery had progressed with only a few motions, the EEOC and the intervenors filed a motion to amend the complaint. Before the motion to amend the complaint could ever be decided on, a settlement was reached. The consent decree was proposed on July 24, 2006 and entered on July 27, 2006. In the decree Kroger agreed to pay $137,500 in damages, hire many of the complainants, reevaluate the physical test it uses to screen for the position at issue and provide training to its employees, five of whom were named specifically.

Jason Chester - 07/25/2007


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Comply with advertising/recruiting requirements
Discrimination Prohibition
Follow recruitment, hiring, or promotion protocols
Hire
Monitoring
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Utilize objective hiring/promotion criteria
Discrimination-area
Hiring
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
State Anti-Discrimination Law
Defendant(s) Kroger Texas L.P.
Plaintiff Description Equal Employment Opportunity Commission, on behalf of one or more workers.
Indexed Lawyer Organizations EEOC
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2006 - 2009
Case Closing Year 2006
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)
4:05-cv-01768 (S.D. Tex.) 07/27/2006
EE-TX-0192-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 05/17/2005
EE-TX-0192-0001 PDF | Detail
Complaint in Intervention 07/14/2005
EE-TX-0192-0002 PDF | Detail
Memorandum and Order 03/13/2006 (S.D. Tex.)
EE-TX-0192-0003 PDF | Detail
Order [Re: Motion to Compel] 05/04/2006 (S.D. Tex.)
EE-TX-0192-0005 PDF | Detail
Final Judgment 07/27/2006 (S.D. Tex.)
EE-TX-0192-0004 PDF | Detail
Consent Decree 07/27/2006
EE-TX-0192-0006 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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