Filed Date: April 19, 2001
Closed Date: 2004
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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 an employee with an intellectual disability resigns in response to a suspension for a terminable offense. The decree had a two year term.
Summary Authors
Kevin Wilemon (7/20/2007)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4395614/parties/eeoc-v-kroger-texas-lp/
Adams, Raechel L. (Texas)
Altmeyer, Helen Campbell (Texas)
Anderson, Suzanne M (Texas)
Andrew, Regina Maria (Texas)
Abhyankar, Siraj M (Texas)
Kent, Samuel B. (Texas)
Altmeyer, Helen Campbell (Texas)
Burstein, Jeffrey Charles (Texas)
Coleman, Charles Franklin (Texas)
Krivonyak, J. Christopher (Texas)
Martinez, Ana Consuelo (Texas)
McCoy-Cruz, Kimberly A. (Texas)
Naccarato, Elizabeth A (Texas)
Palmer-Denig, Jessica Ann (Texas)
Peters, Kirsten Jennifer (Texas)
Reams, Gwendolyn Young (Texas)
Rivera, Jadhira Virginia (Texas)
Schnitzel, Andrew Marten (Texas)
Szromba, Jeanne Bowman (Texas)
See docket on RECAP: https://www.courtlistener.com/docket/4395614/eeoc-v-kroger-texas-lp/
Last updated March 19, 2024, 3:10 a.m.
State / Territory: Texas
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: April 19, 2001
Closing Date: 2004
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Equal Employment Opportunity Commission, on behalf of one or more workers.
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
The Kroger Company, Private Entity/Person
The Kroger Company, Private Entity/Person
Kroger Texas, Private Entity/Person
Case Details
Causes of Action:
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Order Duration: 2002 - 2004
Content of Injunction:
Other requirements regarding hiring, promotion, retention
Provide antidiscrimination training
Issues
Discrimination-area:
Discharge / Constructive Discharge / Layoff
Discrimination-basis:
Disability (inc. reasonable accommodations)
EEOC-centric: