On November 29, 2001, five black individuals filed a class action complaint in the United States District Court for the Western District of Kentucky (Louisville) alleging that their employer, the Kroger Co. discriminated against them on account of their race in violation of Title VII of the Civil Rights Act of 1964 and 42 U.S.C § 1981.

On June 24, 2008, Justice Thomas B. Russell of the United States District Court for the Western District of Kentucky (Louisville) signed a consent decree, certifying a class defined as all part-time and full-time African-American employees in Kroger Banner stores in all hourly positions and store managerial salaried positions, from manager trainee up through and including zone managers, who were employed at any time from November 29, 1997 until the date of the preliminary approval of the consent decree (6/17/2008). This group included over 340,000 individuals.

In the settlement, Kroger agreed to pay $16 million into a fund to be dispersed to class members as compensatory damages for their lost wages (with interest) based on their length of employment. The consent decree further required Kroger to monitor the hourly starting pay and adjustments managers may make for "experience credits." Additionally, Kroger agreed to provide promotion and salary data to the plaintiffs' attorneys annually to ensure the starting pay is "objective and non-discriminatory".

The Judge granted preliminary approval of the settlement and class on June 24, 2008. On October 27, 2008, the Court conducted a Fairness Hearing on the proposed Settlement. On November 20, the Court determined that the settlement agreement entered into by the parties was fair, reasonable, and adequate.

In March of 2012, the Court ordered that the Consent Decree be officially terminated, with an effective date of 2011.

The case is now closed.

David Miller - 04/14/2010
Michael Beech - 03/09/2019


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