The EEOC is suing Kroger for alleged ADA violations, and the details from the case are important for every HR leader to keep in mind. Houston Division, the operator of a Kroger grocery store in the Houston Clear Lake area, has been accused of violating the ADA by revoking disability accommodations for an employee who had trouble standing for long hours. The lawsuit also accused the grocery chain of later firing the employee on unfair grounds.
The Kroger Houston disability lawsuit is a prime example of the importance of making “reasonable accommodations” available for workers with disabilities or individual limitations, when the requests are feasible and don’t cause undue strain on the employer. As we learn more about Kroger’s ADA violations, as alleged by the EEOC, businesses must reflect on their own support systems and the accommodations available to workers.
The EEOC has filed a lawsuit against Kroger for ADA violations, accusing the retailer of revoking accommodations and unfairly firing an employee. (Image: Pexels)
The EEOC is Suing Kroger for ADA Violations, Including Revoking Accommodations and Firing a Worker
In a lawsuit filed last week, the U.S Equal Employment Opportunity Commission (EEOC) charged Kroger with violating the rights of a self-service checkout attendant who was suffering from neuropathy. The employee’s physical conditions limited her ability to walk and move, and standing for extended durations caused her feet to grow numb. While the employee had worked for three years at Kroger’s and managed comfortably using a walker until July 2023, the Houston-based Kroger reportedly took the accommodation away when there was a change in management.
The lawsuit states that Kroger revoked the accommodation abruptly and failed to meet with the employee to discuss whether the accommodation that was previously provided was reasonable or if an alternate solution could be provided to her.
Instead, the employee was asked to go on leave and return to work when she could work without the accommodation. A manager is also believed to have told the employee that they had a “no sitting” policy. The employee reportedly did not need the forced leave, but she was later fired for an “unapproved leave of absence” when she could not support the leave with necessary medical documentation.
This cyclical problem of revoking accommodation and then requiring the employee to go on leave without sufficient reason led to her firing, resulting in this multi-layer accusation of ADA violations and a breach of the Civil Rights Act of 1991 at Kroger.
The EEOC Lawsuit Against Kroger Is Seeking Compensation for the Affected Employee
As per the EEOC’s publications, the case was filed in the U.S. District Court for the Southern District of Texas after initial attempts were made to arrive at a pre-litigation settlement. Now, the EEOC is seeking back pay and front pay for the affected employee as well as compensatory and punitive damages, the amounts of which will be determined once the case goes to trial. The commission is also hoping to set measures in place to ensure that Kroger cannot engage in disability discrimination in the future by making changes to its policies and practices for providing workplace accommodations.
“Disability discrimination in the workplace, which includes failure to accommodate and discharge because of disability, will not be tolerated by the EEOC,” Rayford Irvin, director of the EEOC’s Houston District Office, said with regard to Kroger’s ADA violations. “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.”
Offering Disability Accommodation Is a Basic Requirement at Every Organization
The Americans with Disabilities (ADA) Act is a critical legislation in the U.S. that protects the rights of workers with limitations to seek employment and reasonable accommodations on the job in order to ensure they can earn a livelihood and support themselves. Violations of the ADA are a serious matter in the United States, and often result in legal pushback when employers fail to operate in accordance with the regulations.
The allegations of ADA violations at Kroger and the resulting lawsuit offer just one example of how disregarding disability accommodations can affect a business. The EEOC offers a clear system of expectations from employers and how they approach employees with debilitating conditions who require additional support in the employment journey. While the ADA guidelines don’t list all of the exact accommodations that employers need to make, employers are required to communicate transparently and explore solutions for how the employee can be feasibly supported in performing their role.
The solutions can look different from organization to organization, but employers need to collaborate with their HR teams to discuss any accommodation requests made by employees. There may be extreme cases where an employee may not be able to safely perform specific roles, however, in most situations, there is a solution to be found. Active effort towards this resolution is key to getting accommodations right and ensuring that employees are treated fairly on the job.
Want to stay at the top of your HR career in 2026? Subscribe to The HR Digest for more insights on workplace trends, employment regulations, and what to expect with the advent of AI.
