Case: EEOC v. KROGER COMPANY

3:98-cv-00242 | U.S. District Court for the Northern District of Texas

Filed Date: Feb. 2, 1998

Closed Date: 2000

Clearinghouse coding complete

Case Summary

In February 1998, the Dallas District Office of the EEOC filed this suit against The Kroger Co. and the International Brotherhood of Teamsters, Local 745 in the U.S. District Court for the Northern District of Texas. We do not have a copy of the complaint. However, according to the consent decree, the complaint alleged that the defendant violated the Americans with Disabilities Act ("ADA") by requiring all employment applicants to fill out medical questionnaires and undergo medical tests befo…

In February 1998, the Dallas District Office of the EEOC filed this suit against The Kroger Co. and the International Brotherhood of Teamsters, Local 745 in the U.S. District Court for the Northern District of Texas. We do not have a copy of the complaint. However, according to the consent decree, the complaint alleged that the defendant violated the Americans with Disabilities Act ("ADA") by requiring all employment applicants to fill out medical questionnaires and undergo medical tests before they were offered employment. In addition, the defendant allegedly violated the Age Discrimination in Employment Act ("ADEA") by using physical tests that had a disparate impact on older applicants. Specifically, the defendant used a physical abilities test to evaluate applicants that used age as a factor in the scoring. A charging party intervened in the suit in March 1998. After some scheduling orders and discovery, the charging party's complaint was voluntarily dismissed in June 1999. The EEOC and the defendant then settled their claims in August 1999 through a consent decree.

The one-year decree required the defendant to provide applicants who have met all other job requirements with a written statement that they have been conditionally offered a job dependent on the results of a physical abilities test, drug screening, and physical exam. In addition, the defendant was required to investigate alternative physical abilities tests that did not use age in the evaluation formula and to pay $240,000 to the complainants named in the EEOC's complaint.

Summary Authors

Kevin Wilemon (6/19/2007)

Documents in the Clearinghouse

Document

3:98-cv-00242

Docket (PACER)

EEOC v. Kroger Company et al

Aug. 9, 1999

Aug. 9, 1999

Docket
61

3:98-cv-00242

Consent Decree

EEOC v. Kroger Company

Aug. 9, 1999

Aug. 9, 1999

Settlement Agreement

Resources

Docket

Last updated March 23, 2024, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; (9) (krs) (Entered: 02/03/1998)

Feb. 2, 1998

Feb. 2, 1998

PRELIMINARY ASSIGNMENT TO Magistrate Judge Wm F Sanderson Jr (krs) (Entered: 02/03/1998)

Feb. 2, 1998

Feb. 2, 1998

2

SUMMONS(ES) issued for defendant Kroger Company, defendant Intl Brotherhood Tea (issued 2) (2) (krs) (Entered: 02/03/1998)

Feb. 2, 1998

Feb. 2, 1998

3

RETURN OF SERVICE executed as to defendant Intl Brotherhood Tea 2/9/98, served to Sam Carter, Trustee. Answer due on 3/2/98 for Intl Brotherhood Tea (1) (krs) (Entered: 02/11/1998)

Feb. 10, 1998

Feb. 10, 1998

4

RETURN OF SERVICE executed as to defendant Kroger Company 2/6/98, served on CT Corp System, registerd agent, Nicola Harker. Answer due on 2/26/98 for Kroger Company (1) (krs) (Entered: 02/13/1998)

Feb. 12, 1998

Feb. 12, 1998

5

ANSWER to Complaint by defendant Kroger Company (Attorney Steven Randolph McCown), (10) (krs) (Entered: 02/27/1998)

Feb. 26, 1998

Feb. 26, 1998

6

MOTION by movant Doug Johnson for leave to file intervening pltf Doug Johnson's original complaint in intervention and jury demand (13) (krs) (Entered: 03/17/1998)

March 16, 1998

March 16, 1998

7

MEMORANDUM by movant Doug Johnson in support of [6-1] motion for leave to file intervening pltf Doug Johnson's original complaint in intervention and jury demand (6) (krs) (Entered: 03/18/1998)

March 18, 1998

March 18, 1998

8

ANSWER to Complaint by defendant Intl Brotherhood Tea Local 745 (Attorney Bruce Alan Fickman, George N Davies), (4) (dst) (Entered: 03/19/1998)

March 19, 1998

March 19, 1998

9

NOTICE of attorney appearance for plaintiff EEOC by Sidney Chesnin (3) (alh) (Entered: 03/20/1998)

March 19, 1998

March 19, 1998

10

DEMAND for jury trial by plaintiff EEOC (3) (alh) (Entered: 03/20/1998)

March 19, 1998

March 19, 1998

11

ORDER granting [6-1] motion for leave to file intervening pltf Doug Johnson's original complaint in intervention and jury demand ( signed by AJF) Copies to counsel: 03.20.98 Page(s) 1 (alh) (Entered: 03/20/1998)

March 19, 1998

March 19, 1998

12

Intervenor's COMPLAINT against defendant Kroger Company (7) (alh) (Entered: 03/20/1998)

March 19, 1998

March 19, 1998

12

DEMAND for jury trial by intervenor-plaintiff Doug Johnson (7) (alh) (Entered: 03/20/1998)

March 19, 1998

March 19, 1998

13

STATUS REPORT ORDER. Joint Status report due on 4/14/98 ( signed by AJF) Copies to counsel: 3/25/98 Page(s): 3 (krs) (Entered: 03/25/1998)

March 24, 1998

March 24, 1998

14

MOTION by defendant Intl Brotherhood Tea to substitute James Lowery Hicks Jr for George N. Davies. (3) (krs) (Entered: 04/10/1998)

April 9, 1998

April 9, 1998

15

ANSWER by defendant Kroger Company to [12-1] intervenor complaint (13) (krs) (Entered: 04/10/1998)

April 10, 1998

April 10, 1998

16

ORDER granting [14-1] motion to substitute James Lowery Hicks Jr for George N. Davies. ( signed by AJF) Copies to counsel: 4/10/98 Page(s) 1 (krs) (Entered: 04/10/1998)

April 10, 1998

April 10, 1998

17

**** UNFILED PER ORDER - 4/13/98 ****** MOTION by defendant Kroger Company for partial judgment on intervenor pltf Doug Johnson's pleadings (3) (krs) Modified on 04/13/1998 (Entered: 04/10/1998)

April 10, 1998

April 10, 1998

18

****** UNFILED PER ORDER - 4/13/98 ****** MEMORANDUM by defendant Kroger Company in support of [17-1] motion for partial judgment on intervenor pltf Doug Johnson's pleadings (8) (krs) Modified on 04/13/1998 (Entered: 04/10/1998)

April 10, 1998

April 10, 1998

19

ORDER unfiling [17-1] motion for partial judgment on intervenor pltf Doug Johnson's pleadings, unfiling [18-1] support memorandum by defendant Kroger Company due to the following deficiency: mtn must comply w/ LR 7.1 Copies to counsel: 4/13/98 (signed by Judge A Joe Fish ) Page(s) 3 (krs) (Entered: 04/13/1998)

April 13, 1998

April 13, 1998

21

MEMORANDUM by defendant Kroger Company in support of [20-1] motion for partial judgment on the intervenor pltf Doug Johnson's pleadings (8) (krs) (Entered: 04/15/1998)

April 14, 1998

April 14, 1998

22

Joint STATUS REPORT by plaintiff EEOC, defendant Kroger Company, defendant Intl Brotherhood Tea, intervenor-plaintiff Doug Johnson (11) (krs) (Entered: 04/15/1998)

April 14, 1998

April 14, 1998

23

**** UNFILED PER ORDER - 4/14/98 **** MOTION by defendant Kroger Company to dismiss ADEA disparate impact claim (3) (krs) Modified on 04/15/1998 (Entered: 04/15/1998)

April 14, 1998

April 14, 1998

24

****** UNFILED PER ORDER - 4/14/98 ****** MEMORANDUM by defendant Kroger Company in support of [23-1] motion to dismiss ADEA disparate impact claim (15+) (krs) Modified on 04/15/1998 (Entered: 04/15/1998)

April 14, 1998

April 14, 1998

25

ORDER unfiling [23-1] motion to dismiss ADEA disparate impact claim, unfiling [24-1] support memorandum by defendant Kroger Company due to the following deficiency: no completed certificate of service. Copies to counsel: 4/15/98 (signed by Judge A Joe Fish ) Page(s) 3 (krs) (Entered: 04/15/1998)

April 14, 1998

April 14, 1998

26

MOTION by defendant Kroger Company to dismiss ADEA disparate impact claim (3) (krs) (Entered: 04/16/1998)

April 15, 1998

April 15, 1998

27

MEMORANDUM by defendant Kroger Company in support of [26-1] motion to dismiss ADEA disparate impact claim (15+) (krs) (Entered: 04/16/1998)

April 15, 1998

April 15, 1998

28

SCHEDULING ORDER setting Docket call set for 9/7/99 ; Joining of Parties on 7/15/98 ; Amending of Pleadings on 7/15/98 ; Deadline for filing of dispositive motions 2/26/99 ; Discovery cutoff 4/30/99 ; Pretrial materials due on 8/27/99 Proposed pretrial order due 8/27/99 ; Pretrial conference for 9:00 9/3/99 ; ( signed by AJF) Copies to counsel: 4/16/98 Page(s): 9 (krs) (Entered: 04/16/1998)

April 15, 1998

April 15, 1998

29

NOTICE of attorney appearance for intervenor-plaintiff Doug Johnson by David Lamar Paschall (3) (krs) (Entered: 04/17/1998)

April 16, 1998

April 16, 1998

30

RESPONSE by intervenor-plaintiff Doug Johnson to [20-1] motion for partial judgment on the intervenor pltf Doug Johnson's pleadings (8) (krs) (Entered: 04/30/1998)

April 29, 1998

April 29, 1998

31

RESPONSE by plaintiff EEOC in opposition to [26-1] motion to dismiss ADEA disparate impact claim (15+) (krs) (Entered: 05/06/1998)

May 5, 1998

May 5, 1998

32

REPLY by defendant Kroger Company to response to [20-1] motion for partial judgment on the intervenor pltf Doug Johnson's pleadings (9) (krs) (Entered: 05/14/1998)

May 13, 1998

May 13, 1998

34

NOTICE of change of address & telephone number of atty for defendant Kroger Company (2) (krs) (Entered: 06/16/1998)

June 16, 1998

June 16, 1998

35

Unopposed MOTION by defendant Kroger Company for leave to allow counsel Daniel D Zegura, Hunter R Hughes, Robert B Remar to appear pro hac vice (12) (krs) (Entered: 06/25/1998)

June 24, 1998

June 24, 1998

36

ORDER granting [35-1] motion for leave to allow counsel Daniel D Zegura, Hunter R Hughes, Robert B Remar to appear pro hac vice ( signed by AJF) Copies to counsel: 6/25/98 Page(s) 2 (krs) (Entered: 06/25/1998)

June 25, 1998

June 25, 1998

37

Unopposed MOTION by plaintiff EEOC for leave to amend [1-1] complaint (15) (krs) (Entered: 07/02/1998)

July 2, 1998

July 2, 1998

38

ORDER granting [37-1] motion for leave to amend [1-1] complaint ( signed by AJF) Copies to counsel: 7/7/98 Page(s) 1 (krs) (Entered: 07/07/1998)

July 6, 1998

July 6, 1998

39

First AMENDED COMPLAINT by plaintiff EEOC , (Answer due 7/16/98 for Intl Brotherhood Tea, for Kroger Company ) amending [1-1] complaint (11) (krs) (Entered: 07/07/1998)

July 6, 1998

July 6, 1998

39

DEMAND for jury trial by plaintiff EEOC (11) (krs) (Entered: 07/07/1998)

July 6, 1998

July 6, 1998

40

ANSWER by defendant Kroger Company to amended complaint (11) (krs) (Entered: 07/16/1998)

July 16, 1998

July 16, 1998

41

ORDER REASSIGNING CASE to Judge Sam A. Lindsay.... all future pleadings shall be filed under 3:98-CV-242-L ( signed by JBuchmeyer) Copies to counsel: 8/26/98 Page(s): 3 (krs) (Entered: 08/26/1998)

Aug. 25, 1998

Aug. 25, 1998

42

MOTION with memorandum in support by defendant Intl Brotherhood Tea for leave to amend [8-1] answer (10) (jrb) (Entered: 11/05/1998)

Nov. 4, 1998

Nov. 4, 1998

43

Amended CERTIFICATE OF CONFERENCE by defendant Intl Brotherhood Tea Re: [42-1] motion for leave to amend [8-1] answer (3) (jrb) (Entered: 11/10/1998)

Nov. 9, 1998

Nov. 9, 1998

44

Agreed ORDER for protective order ...see order for specifics. ( signed by SAL) Copies to counsel: 12/31/98 Page(s) 10 (jrb) (Entered: 12/31/1998)

Dec. 31, 1998

Dec. 31, 1998

45

ORDER granting [42-1] motion for leave to amend [8-1] answer...original answer attached to mtn is not signed... ( signed by SAL) Copies to counsel: 12/31/98 Page(s) 2 (jrb) Modified on 01/04/1999 (Entered: 12/31/1998)

Dec. 31, 1998

Dec. 31, 1998

46

AMENDED ANSWER to Complaint by defendant Intl Brotherhood Tea : amends [8-1] answer (5) (jrb) (Entered: 01/11/1999)

Jan. 8, 1999

Jan. 8, 1999

48

RESPONSE by movant Advanced Ergonomics in opposition to subpoena issued by the EEOC. (13) (jrb) (Entered: 01/27/1999)

Jan. 26, 1999

Jan. 26, 1999

49

NOTICE of attorney appearance for plaintiff EEOC by Evelyn R Maiben (4) (jrb) (Entered: 04/30/1999)

April 29, 1999

April 29, 1999

50

Unopposed MOTION by plaintiff EEOC to extend time/to extend scheduling deadlines (5) (jrb) (Entered: 05/03/1999)

April 30, 1999

April 30, 1999

51

ORDER granting [50-1] motion to extend time/to extend scheduling deadlines...seeorder for specifics...designation deadlines. ( signed by SAL) Copies to counsel: 5/7/99 Page(s) 1 (jrb) (Entered: 05/07/1999)

May 6, 1999

May 6, 1999

52

JOINT MOTION to continue/to request new trial setting by plaintiff EEOC, defendant Kroger Company, defendant Intl Brotherhood Tea, intervenor-plaintiff Doug Johnson (8) (jrb) (Entered: 06/02/1999)

June 1, 1999

June 1, 1999

53

Notice/MOTION by defendant Kroger Company to withdraw [20-1] motion for partial judgment on the intervenor pltf Doug Johnson's pleadings (3) (jrb) (Entered: 06/11/1999)

June 10, 1999

June 10, 1999

54

ORDER Revising Scheduling Order/(Motion termed: [52-1] joint motion to continue/to request new trial setting ), granting [47-1] joint motion to extend time reset scheduling order deadlines: Jury trial reset for 12/6/99 ; Pretrial conference by 10:00 12/3/99 Discovery deadline on 7/16/99 Deadline for filing of dispositive motions by 8/16/99 Pretrial materials due 11/15/99 ...see order for other specifics. ( signed by SAL) Copies to counsel: 6/15/99 Page(s) 2 (jrb) (Entered: 06/15/1999)

June 15, 1999

June 15, 1999

55

STIPULATION of dismissal regarding intervening by intervenor- plaintiff Doug Johnson (2) (jrb) (Entered: 06/15/1999)

June 15, 1999

June 15, 1999

55

ORDER of Dismissal regarding intervening plaintiff Doug Johnson...is to bear his own costs, but no costs of The Kroger Co are to be taxed against him. That Johnson's claims being asserted by the EEOC, and any other claims being asserted by the EEOC are not affected by this dismissal. ( signed by SAL) Copies to counsel: 6/15/99 Page(s) 2 (jrb) (Entered: 06/15/1999)

June 15, 1999

June 15, 1999

56

ORDER denying [52-1] joint motion to continue/to request new trial setting...further ordered that Advanced Ergonomics Inc's objections to subpoena are overruled as moot. ( signed by SAL) Copies to counsel: 6/18/99 Page(s) 1 (jrb) (Entered: 06/18/1999)

June 17, 1999

June 17, 1999

58

ORDER Revising Scheduling Order reset pretrial conference for 2:00 12/2/99 ( signed by SAL) Copies to counsel: 6/30/99 Page(s) 1 (jrb) (Entered: 06/30/1999)

June 29, 1999

June 29, 1999

57

ORDER...the Court has been informed that this case has settled. The parties are directed to file the necessary dismissal papers by 7/29/99. ( signed by SAL) Copies to counsel: 6/30/99 Page(s) 1 (jrb) (Entered: 06/30/1999)

June 30, 1999

June 30, 1999

59

ORDER DIRECTING ADMINISTRATIVE CLOSURE ( signed by Lindsay) Copies to counsel: 8/3/99 Page(s): 1 (tsp) (Entered: 08/03/1999)

July 30, 1999

July 30, 1999

60

Agreed Protective ORDER and Stipulation...see order for specifics. ( signed by SAL) Copies to counsel: 8/10/99 Page(s) 5 (jrb) (Entered: 08/10/1999)

Aug. 9, 1999

Aug. 9, 1999

61

Consent Decree/ORDER...see order for specifics. ( signed by SAL) Copies to counsel: 8/10/99 Page(s) 7 (jrb) (Entered: 08/10/1999)

Aug. 9, 1999

Aug. 9, 1999

Case Details

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Feb. 2, 1998

Closing Date: 2000

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

Private Plaintiff

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

International Brotherhood of Teamsters, Local 745, Private Entity/Person

The Kroger Co., Private Entity/Person

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.

Available Documents:

Trial Court Docket

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 240000

Order Duration: 1999 - 2000

Content of Injunction:

Other requirements regarding hiring, promotion, retention

Reporting

Issues

Discrimination-area:

Disparate Impact

Disparate Treatment

Hiring

Medical Exam / Inquiry

Discrimination-basis:

Age discrimination

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit