Race Discrimination Case Against Kroger Set for June Trial

Our law firm, Coane and Associates, PLLC is currently representing a black female who has worked for over 15 years in one of the largest retail food companies in the United States, Kroger Co., LLP. When our client became an employee of Kroger in 1995, she was well qualified for the position and had been a productive and competent cashier at the Kroger store in Sugar Land, Texas.

Our client’s lawsuit alleges that she has experienced a hostile work environment, discrimination and sex and racial harassment from a co-worker. Our client alleges that the co-worker (now fired) would call her names (including the “N” word) and stalk her before and after work. What’s worse is that when she reported it to the general manager of the Kroger store, the management still did not take any action about it, claiming that the man was a “special needs” employee, and she should ignore his harassment.

Our client’s complaints, which she filed on February 2009, include violation of Title VII and Retaliation, and Negligence. She states that she was retaliated against when her work schedule unexpectedly changed to a later shift and her original shift was given to employees with less seniority.

Interestingly, our client continues to work at the Kroger store in Sugar Land, Texas, notwithstanding her federal court lawsuit against the company. Perhaps the fact that she is a member of a union, allows her job to be protected during the litigation. Trial is set for June 2012 in Houston, Texas.

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Bruce Coane is a leading lawyer with 30 years of experience in the field of immigration law and employment law. He may be reached via email at houstonlaw@aol.com or his website at Coane and Associates.

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Our law firm recently settled a sex harassment case involving male-on-male sex harassment in the work place.

The case was filed in the U.S. District Court in Victoria, Texas. The lawsuit alleged that the a co-worker grabbed our client’s private parts on various occasions.

Our client states that he complained to management but they never did anything, saying it was just horseplay. Eventually, our client was fired. He filed a complaint with the EEOC, and then proceeded with a lawsuit. He alleged that he was fired in retaliation for complaining about sex harassment

The case went to mediation before the lawsuit was filed, but could not be resolved. Following a meeting with the federal judge, the parties negotiated and the sex harassment case was just recently settled, and the lawsuit was dismissed.

It is important to remember that, in order to preserve a claim for sex harassment, the employee normally must complain to HOUR or to upper level management. The failure to complain could cause the claim to be void. In this case, the employee did complain and, as alleged, the employer failed to take any remedial action.

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Bruce Coane is a leading lawyer with 30 years of experience in the field of immigration law and employment law. He may be reached via email at houstonlaw@aol.com or his website at Coane and Associates.