EEOC alleges Houston-area Kroger failed to accommodate, fired employee with disability

HOUSTON - The U.S. Equal Employment Opportunity Commission filed a federal lawsuit alleging that a Kroger in Clear Lake stripped a disabled employee of an existing accommodation and then fired her.

ADA violation allegations

The EEOC filed the lawsuit last week against Kroger Texas L.P. – Houston Division, targeting store #300 in the Clear Lake/NASA area.

The suit alleges the grocery store violated the Americans with Disabilities Act, which prohibits employers from discriminating against employees because of their disabilities or denying them reasonable accommodations.

The backstory:

According to the EEOC, a self-service checkout attendant suffering from neuropathy had successfully used a walker as a reasonable accommodation for three years. The condition reportedly limits her ability to walk and move, and her feet go numb if she is required to stand for too long.

Timeline:

The lawsuit claims new management at the store stripped the employee of her walker without interacting with her to determine if it was still reasonable or if an alternative was available. According to the EEOC, management instead instructed her to seek leave, that she did not want or need, until she could return without an accommodation. When the employee could not support a need for leave with medical documentation, she was terminated, the suit alleges.

What they're saying:

"An employer, in consultation with an employee facing a disability, must consider whether an accommodation is reasonable," EEOC Senior Trial Attorney Claudia Molina said. "Revoking a previously granted reasonable accommodation can violate the ADA."

"Disability discrimination in the workplace, which includes failure to accommodate and discharge because of disability, will not be tolerated by the EEOC," said Rayford Irvin, director of the EEOC’s Houston District Office. "We encourage any employee who believes they have been the victim of workplace discrimination based on disability to file a discrimination charge with the EEOC."

FILE PHOTO. Jeffrey Dean/Bloomberg via Getty Images

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Seeking justice and policy changes

What's next:

The EEOC filed the suit in the U.S. District Court for the Southern District of Texas, Houston Division. The agency says it first attempted to reach a pre-litigation settlement through its conciliation process. The agency is now seeking back pay, instatement or front pay, as well as compensatory and punitive damages in amounts to be determined at trial.

Big picture view:

In addition to financial compensation, the EEOC is "seeking a permanent injunction enjoining Kroger from engaging in disability discrimination in the future, and an order requiring Kroger to institute and carry out policies, practices and programs which govern requesting, processing and granting reasonable accommodations for disabilities, and which eradicate the effects of Kroger’s alleged discriminatory employment practices," according to a news release.

The other side:

FOX 26 has reached out to Kroger for comment and is waiting for a response.

Need help?

What you can do:

The EEOC encourages any employee who believes they have been the victim of workplace discrimination based on a disability to file a discrimination charge with the agency.