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. The terms of the agreement were to run for 2.5 years. The docket sheet does not show any further enforcement took place; the case was presumably closed in 2009.

Jason Chester - 07/25/2007
- 06/15/2017


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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 2009
Case Ongoing No
Additional Resources
click to show/hide detail
  Microsoft Gender Discrimination Class Action Lawsuit
Date: Oct. 14, 2016
By: Outten & Golden
[ Detail ] [ External Link ]

  Age Discrimination Class Action seeks Fair Employment for Older PwC Applicants
http://www.pwcagecase.com/
Date: Apr. 27, 2016
By: Outten & Golden
[ Detail ] [ External Link ]

  Smith Barney Gender Discrimination
https://www.lieffcabraser.com/employment/smith-barney/
Date: August 2008
By: Outten & Golden
[ Detail ] [ External Link ]

  Megacases, Diversity, and the Elusive Goal of Workplace Reform
Date: Mar. 1, 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.)
EE-TX-0192-9000.pdf | Detail
Date: 07/27/2006
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint
EE-TX-0192-0001.pdf | Detail
Date: 05/17/2005
Complaint in Intervention
EE-TX-0192-0002.pdf | Detail
Date: 07/14/2005
Memorandum and Order (S.D. Tex.)
EE-TX-0192-0003.pdf | Detail
Date: 03/13/2006
Order [Re: Motion to Compel] (S.D. Tex.)
EE-TX-0192-0005.pdf | Detail
Date: 05/04/2006
Final Judgment (S.D. Tex.)
EE-TX-0192-0004.pdf | Detail
Date: 07/27/2006
Consent Decree
EE-TX-0192-0006.pdf | Detail
Date: 07/27/2006

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