Updates from May, 2012 Toggle Comment Threads | Keyboard Shortcuts

  • Coane and Associates,PLLC 3:43 am on May 30, 2012 Permalink | Reply
    Tags: Angella Ayissi, , , , ,   

    Kroger Loses Motion to Dismiss Race Discrimination and Sex Harassment Lawsuit 

    In an Order released today by the U.S.District Court in Houston, The Kroger Company lost its motion for summary judgment on a race discrimination and sex harassment case.

    © AP Photo/David Koh

    The case was brought by Angella Ayissi, a long-time cashier who works at Kroger. The papers on file in her case state that Kroger management allowed an employee at their Sugar Land, Texas store to constantly say the word, “nigger” and other racially and sexually hostile words. She states that this went on for years before Kroger ever took any action.

    Lawyers for Kroger tried to get the case dismissed, but on May 29, 2012, Judge Nancy Atlas denied their motion, except for a retaliation claim, and ordered that the case proceed to jury trial at the end of July.

    Our law firm has been representing Ms. Ayissi from the outset, and we were very pleased with the judge’s 17 page Order allowing this case to be decided by the jury. Many times the judges dismiss these cases, but in this case, the judge found that Ms. Ayissi raised genuine issues of material fact and that Kroger would have to stand trial.

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    About the author: Bruce Coane is an attorney who specializes in labor and employment law, and, immigration law, with offices in Florida and Texas. He may be reached at houstonlaw@aol.com, 713-850-0066 or 305-538-6800.

     
  • Coane and Associates,PLLC 3:13 pm on January 16, 2012 Permalink | Reply
    Tags: , , violation of Title VII   

    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.

     
  • Coane and Associates,PLLC 11:13 am on August 10, 2011 Permalink | Reply
    Tags: , , , U.S. District Court   

    Our law firm recently settled a sex harassment case 

    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.

    ________________________________________________________________________________________________

    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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