FOR IMMEDIATE RELEASE January 22, 2025 EEOC Sues The Kroger Company for Disability Discrimination and ATLANTA – The Kroger Co., a food and drug retailer, violated federal law when an Atlanta Kroger store discriminated against an employee because of her disability and then retaliated against her for complaining about the discrimination, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it recently filed. According to the EEOC’s suit, the employee is a breast cancer survivor whose cancer treatments caused permanent nerve damage to her lower extremities. The Kroger store on Caroline Street in Atlanta’s Edgewood retail district hired her to work as a cashier. Shortly after she was hired, the employee requested permission to sit on a stool or chair during her shifts and provided supporting medical documentation. Kroger then stopped scheduling the employee for shifts and ignored her repeated phone calls. The employee subsequently filed an internal complaint. Kroger informed the employee that her allegations were unsubstantiated. Kroger failed to schedule her for work again or otherwise respond to her request for a reasonable accommodation. Such alleged conduct violated the Americans with Disabilities Act (ADA), which prohibits discriminating against employees because of their disabilities and retaliating against them when they complain of such discrimination. The EEOC filed suit (EEOC v. The Kroger Co., Case No. 1:25-CV-00272) in U.S. District Court for the Northern District of Georgia, Atlanta Division, after first attempting to reach a pre-litigation settlement through its administrative conciliation process. The EEOC is seeking back pay, compensatory damages, and punitive damages for the employee, as well as injunctive relief to prevent future discrimination. “In this case, the employee requested a reasonable accommodation that that would have imposed a minimal, if any, burden on the company,” said Marcus G. Keegan, regional attorney for the EEOC’s Atlanta District Office. “Rather than appropriately responding to the employee’s request and subsequent complaint of discrimination, Kroger ignored her and stopped scheduling her to work, violating federal law.” Darrell Graham, district director of the Atlanta office, said, “The ADA’s protections are intended to remove the barriers to employment faced by workers with disabilities. When an employer ignores these protections, the EEOC is committed to enforcing them.” For more information on disability discrimination, please visit https://www.eeoc.gov/disability-discrimination. For more information on retaliation under the ADA, please visit https://www.eeoc.gov/retaliation. The Atlanta District Office has jurisdiction over Georgia and the South Carolina counties of Allendale, Bamberg, Barnwell, Beaufort, Berkeley, Charleston, Colleton, Dorchester, Georgetown, Hampton, Jasper and Williamsburg. The EEOC prevents and remedies unlawful employment discrimination and advances equal opportunity for all. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates. ### Contact Atlanta District Office
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