Case: EEOC v. KROGER COMPANY

3:98-cv-00242 | U.S. District Court for the Northern District of Texas

Filed Date: Feb. 2, 1998

Closed Date: 2000

Clearinghouse coding complete

Case Summary

In February 1998, the Dallas District Office of the EEOC filed this suit against The Kroger Co. and the International Brotherhood of Teamsters, Local 745 in the U.S. District Court for the Northern District of Texas. We do not have a copy of the complaint. However, according to the consent decree, the complaint alleged that the defendant violated the Americans with Disabilities Act ("ADA") by requiring all employment applicants to fill out medical questionnaires and undergo medical tests befo…

In February 1998, the Dallas District Office of the EEOC filed this suit against The Kroger Co. and the International Brotherhood of Teamsters, Local 745 in the U.S. District Court for the Northern District of Texas. We do not have a copy of the complaint. However, according to the consent decree, the complaint alleged that the defendant violated the Americans with Disabilities Act ("ADA") by requiring all employment applicants to fill out medical questionnaires and undergo medical tests before they were offered employment. In addition, the defendant allegedly violated the Age Discrimination in Employment Act ("ADEA") by using physical tests that had a disparate impact on older applicants. Specifically, the defendant used a physical abilities test to evaluate applicants that used age as a factor in the scoring. A charging party intervened in the suit in March 1998. After some scheduling orders and discovery, the charging party's complaint was voluntarily dismissed in June 1999. The EEOC and the defendant then settled their claims in August 1999 through a consent decree.

The one-year decree required the defendant to provide applicants who have met all other job requirements with a written statement that they have been conditionally offered a job dependent on the results of a physical abilities test, drug screening, and physical exam. In addition, the defendant was required to investigate alternative physical abilities tests that did not use age in the evaluation formula and to pay $240,000 to the complainants named in the EEOC's complaint.

Summary Authors

Kevin Wilemon (6/19/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13871614/parties/eeoc-v-kroger-company/


Judge(s)
Attorney for Plaintiff

Bannon, Jeffrey Charles (Texas)

Jr, Robert A (Texas)

Attorney for Defendant

Fickman, Bruce (Texas)

Hughes, Hunter R (Texas)

Jr, James L (Texas)

Expert/Monitor/Master/Other

Documents in the Clearinghouse

Documents in this case

3:98-cv-00242

Docket (PACER)

EEOC v. Kroger Company et al

Aug. 9, 1999

Aug. 9, 1999

Docket
61

3:98-cv-00242

Consent Decree

EEOC v. Kroger Company

Aug. 9, 1999

Aug. 9, 1999

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/13871614/eeoc-v-kroger-company/

Last updated Sept. 28, 2026, 5 p.m.

Docket for: EEOC v. Kroger Company
ECF Number Date Description Link
1 Feb. 2, 1998

COMPLAINT filed; (9) (krs) (Entered: 02/03/1998)

RECAP
2 Feb. 2, 1998

SUMMONS(ES) issued for defendant Kroger Company, defendant Intl Brotherhood Tea (issued 2) (2) (krs) (Entered: 02/03/1998)

RECAP
Feb. 2, 1998

PRELIMINARY ASSIGNMENT TO Magistrate Judge Wm F Sanderson Jr (krs) (Entered: 02/03/1998)

PACER
Feb. 2, 1998

PRELIMINARY ASSIGNMENT TO Magistrate Judge Wm F Sanderson Jr (krs)

3 Feb. 10, 1998

RETURN OF SERVICE executed as to defendant Intl Brotherhood Tea 2/9/98, served to Sam Carter, Trustee. Answer due on 3/2/98 for Intl Brotherhood Tea (1) (krs) (Entered: 02/11/1998)

RECAP
4 Feb. 12, 1998

RETURN OF SERVICE executed as to defendant Kroger Company 2/6/98, served on CT Corp System, registerd agent, Nicola Harker. Answer due on 2/26/98 for Kroger Company (1) (krs) (Entered: 02/13/1998)

RECAP
5 Feb. 26, 1998

ANSWER to Complaint by defendant Kroger Company (Attorney Steven Randolph McCown), (10) (krs) (Entered: 02/27/1998)

RECAP
6 March 16, 1998

MOTION by movant Doug Johnson for leave to file intervening pltf Doug Johnson's original complaint in intervention and jury demand (13) (krs) (Entered: 03/17/1998)

RECAP
7 March 18, 1998

MEMORANDUM by movant Doug Johnson in support of [6-1] motion for leave to file intervening pltf Doug Johnson's original complaint in intervention and jury demand (6) (krs) (Entered: 03/18/1998)

RECAP
8 March 19, 1998

ANSWER to Complaint by defendant Intl Brotherhood Tea Local 745 (Attorney Bruce Alan Fickman, George N Davies), (4) (dst) (Entered: 03/19/1998)

RECAP
9 March 19, 1998

NOTICE of attorney appearance for plaintiff EEOC by Sidney Chesnin (3) (alh) (Entered: 03/20/1998)

RECAP
10 March 19, 1998

DEMAND for jury trial by plaintiff EEOC (3) (alh) (Entered: 03/20/1998)

RECAP
11 March 19, 1998

ORDER granting [6-1] motion for leave to file intervening pltf Doug Johnson's original complaint in intervention and jury demand ( signed by AJF) Copies to counsel: 03.20.98 Page(s) 1 (alh) (Entered: 03/20/1998)

RECAP
12 March 19, 1998

DEMAND for jury trial by intervenor-plaintiff Doug Johnson (7) (alh) (Entered: 03/20/1998)

RECAP
13 March 24, 1998

STATUS REPORT ORDER. Joint Status report due on 4/14/98 ( signed by AJF) Copies to counsel: 3/25/98 Page(s): 3 (krs) (Entered: 03/25/1998)

RECAP
14 April 9, 1998

MOTION by defendant Intl Brotherhood Tea to substitute James Lowery Hicks Jr for George N. Davies. (3) (krs) (Entered: 04/10/1998)

RECAP
15 April 10, 1998

ANSWER by defendant Kroger Company to [12-1] intervenor complaint (13) (krs) (Entered: 04/10/1998)

RECAP
16 April 10, 1998

ORDER granting [14-1] motion to substitute James Lowery Hicks Jr for George N. Davies. ( signed by AJF) Copies to counsel: 4/10/98 Page(s) 1 (krs) (Entered: 04/10/1998)

RECAP
17 April 10, 1998

**** UNFILED PER ORDER - 4/13/98 ****** MOTION by defendant Kroger Company for partial judgment on intervenor pltf Doug Johnson's pleadings (3) (krs) Modified on 04/13/1998 (Entered: 04/10/1998)

RECAP
18 April 10, 1998

****** UNFILED PER ORDER - 4/13/98 ****** MEMORANDUM by defendant Kroger Company in support of [17-1] motion for partial judgment on intervenor pltf Doug Johnson's pleadings (8) (krs) Modified on 04/13/1998 (Entered: 04/10/1998)

RECAP
19 April 13, 1998

ORDER unfiling [17-1] motion for partial judgment on intervenor pltf Doug Johnson's pleadings, unfiling [18-1] support memorandum by defendant Kroger Company due to the following deficiency: mtn must comply w/ LR 7.1 Copies to counsel: 4/13/98 (signed by Judge A Joe Fish ) Page(s) 3 (krs) (Entered: 04/13/1998)

RECAP
20 April 14, 1998

MOTION by defendant Kroger Company for partial judgment on the intervenor pltf Doug Johnson's pleadings (4) (krs) (Entered: 04/15/1998)

RECAP
21 April 14, 1998

MEMORANDUM by defendant Kroger Company in support of [20-1] motion for partial judgment on the intervenor pltf Doug Johnson's pleadings (8) (krs) (Entered: 04/15/1998)

RECAP
22 April 14, 1998

Joint STATUS REPORT by plaintiff EEOC, defendant Kroger Company, defendant Intl Brotherhood Tea, intervenor-plaintiff Doug Johnson (11) (krs) (Entered: 04/15/1998)

RECAP
23 April 14, 1998

**** UNFILED PER ORDER - 4/14/98 **** MOTION by defendant Kroger Company to dismiss ADEA disparate impact claim (3) (krs) Modified on 04/15/1998 (Entered: 04/15/1998)

RECAP
24 April 14, 1998

****** UNFILED PER ORDER - 4/14/98 ****** MEMORANDUM by defendant Kroger Company in support of [23-1] motion to dismiss ADEA disparate impact claim (15+) (krs) Modified on 04/15/1998 (Entered: 04/15/1998)

RECAP
25 April 14, 1998

ORDER unfiling [23-1] motion to dismiss ADEA disparate impact claim, unfiling [24-1] support memorandum by defendant Kroger Company due to the following deficiency: no completed certificate of service. Copies to counsel: 4/15/98 (signed by Judge A Joe Fish ) Page(s) 3 (krs) (Entered: 04/15/1998)

RECAP
26 April 15, 1998

MOTION by defendant Kroger Company to dismiss ADEA disparate impact claim (3) (krs) (Entered: 04/16/1998)

RECAP
27 April 15, 1998

MEMORANDUM by defendant Kroger Company in support of [26-1] motion to dismiss ADEA disparate impact claim (15+) (krs) (Entered: 04/16/1998)

RECAP
28 April 15, 1998

SCHEDULING ORDER setting Docket call set for 9/7/99 ; Joining of Parties on 7/15/98 ; Amending of Pleadings on 7/15/98 ; Deadline for filing of dispositive motions 2/26/99 ; Discovery cutoff 4/30/99 ; Pretrial materials due on 8/27/99 Proposed pretrial order due 8/27/99 ; Pretrial conference for 9:00 9/3/99 ; ( signed by AJF) Copies to counsel: 4/16/98 Page(s): 9 (krs) (Entered: 04/16/1998)

RECAP
29 April 16, 1998

NOTICE of attorney appearance for intervenor-plaintiff Doug Johnson by David Lamar Paschall (3) (krs) (Entered: 04/17/1998)

RECAP
30 April 29, 1998

RESPONSE by intervenor-plaintiff Doug Johnson to [20-1] motion for partial judgment on the intervenor pltf Doug Johnson's pleadings (8) (krs) (Entered: 04/30/1998)

RECAP
31 May 5, 1998

RESPONSE by plaintiff EEOC in opposition to [26-1] motion to dismiss ADEA disparate impact claim (15+) (krs) (Entered: 05/06/1998)

RECAP
32 May 13, 1998

REPLY by defendant Kroger Company to response to [20-1] motion for partial judgment on the intervenor pltf Doug Johnson's pleadings (9) (krs) (Entered: 05/14/1998)

RECAP
33 May 20, 1998

REPLY by defendant Kroger Company to response to [20-1] motion for partial judgment on the intervenor pltf Doug Johnson's pleadings (10) (krs) (Entered: 05/21/1998)

RECAP
34 June 16, 1998

NOTICE of change of address & telephone number of atty for defendant Kroger Company (2) (krs) (Entered: 06/16/1998)

RECAP
35 June 24, 1998

Unopposed MOTION by defendant Kroger Company for leave to allow counsel Daniel D Zegura, Hunter R Hughes, Robert B Remar to appear pro hac vice (12) (krs) (Entered: 06/25/1998)

RECAP
36 June 25, 1998

ORDER granting [35-1] motion for leave to allow counsel Daniel D Zegura, Hunter R Hughes, Robert B Remar to appear pro hac vice ( signed by AJF) Copies to counsel: 6/25/98 Page(s) 2 (krs) (Entered: 06/25/1998)

RECAP
37 July 2, 1998

Unopposed MOTION by plaintiff EEOC for leave to amend [1-1] complaint (15) (krs) (Entered: 07/02/1998)

RECAP
38 July 6, 1998

ORDER granting [37-1] motion for leave to amend [1-1] complaint ( signed by AJF) Copies to counsel: 7/7/98 Page(s) 1 (krs) (Entered: 07/07/1998)

RECAP
39 July 6, 1998

DEMAND for jury trial by plaintiff EEOC (11) (krs) (Entered: 07/07/1998)

RECAP
40 July 16, 1998

ANSWER by defendant Kroger Company to amended complaint (11) (krs) (Entered: 07/16/1998)

RECAP
41 Aug. 25, 1998

ORDER REASSIGNING CASE to Judge Sam A. Lindsay.... all future pleadings shall be filed under 3:98-CV-242-L ( signed by JBuchmeyer) Copies to counsel: 8/26/98 Page(s): 3 (krs) (Entered: 08/26/1998)

RECAP
42 Nov. 4, 1998

MOTION with memorandum in support by defendant Intl Brotherhood Tea for leave to amend [8-1] answer (10) (jrb) (Entered: 11/05/1998)

RECAP
43 Nov. 9, 1998

Amended CERTIFICATE OF CONFERENCE by defendant Intl Brotherhood Tea Re: [42-1] motion for leave to amend [8-1] answer (3) (jrb) (Entered: 11/10/1998)

RECAP
44 Dec. 31, 1998

Agreed ORDER for protective order ...see order for specifics. ( signed by SAL) Copies to counsel: 12/31/98 Page(s) 10 (jrb) (Entered: 12/31/1998)

RECAP
45 Dec. 31, 1998

ORDER granting [42-1] motion for leave to amend [8-1] answer...original answer attached to mtn is not signed... ( signed by SAL) Copies to counsel: 12/31/98 Page(s) 2 (jrb) Modified on 01/04/1999 (Entered: 12/31/1998)

RECAP
46 Jan. 8, 1999

AMENDED ANSWER to Complaint by defendant Intl Brotherhood Tea : amends [8-1] answer (5) (jrb) (Entered: 01/11/1999)

RECAP
47 Jan. 15, 1999

JOINT MOTION to extend time by plaintiff EEOC, defendant Kroger Company, defendant Intl Brotherhood Tea, intervenor-plaintiff Doug Johnson (5) (jrb) (Entered: 01/19/1999)

RECAP
48 Jan. 26, 1999

RESPONSE by movant Advanced Ergonomics in opposition to subpoena issued by the EEOC. (13) (jrb) (Entered: 01/27/1999)

RECAP
49 April 29, 1999

NOTICE of attorney appearance for plaintiff EEOC by Evelyn R Maiben (4) (jrb) (Entered: 04/30/1999)

RECAP
50 April 30, 1999

Unopposed MOTION by plaintiff EEOC to extend time/to extend scheduling deadlines (5) (jrb) (Entered: 05/03/1999)

RECAP
51 May 6, 1999

ORDER granting [50-1] motion to extend time/to extend scheduling deadlines...seeorder for specifics...designation deadlines. ( signed by SAL) Copies to counsel: 5/7/99 Page(s) 1 (jrb) (Entered: 05/07/1999)

RECAP
52 June 1, 1999

JOINT MOTION to continue/to request new trial setting by plaintiff EEOC, defendant Kroger Company, defendant Intl Brotherhood Tea, intervenor-plaintiff Doug Johnson (8) (jrb) (Entered: 06/02/1999)

RECAP
53 June 10, 1999

Notice/MOTION by defendant Kroger Company to withdraw [20-1] motion for partial judgment on the intervenor pltf Doug Johnson's pleadings (3) (jrb) (Entered: 06/11/1999)

RECAP
54 June 15, 1999

ORDER Revising Scheduling Order/(Motion termed: [52-1] joint motion to continue/to request new trial setting ), granting [47-1] joint motion to extend time reset scheduling order deadlines: Jury trial reset for 12/6/99 ; Pretrial conference by 10:00 12/3/99 Discovery deadline on 7/16/99 Deadline for filing of dispositive motions by 8/16/99 Pretrial materials due 11/15/99 ...see order for other specifics. ( signed by SAL) Copies to counsel: 6/15/99 Page(s) 2 (jrb) (Entered: 06/15/1999)

RECAP
55 June 15, 1999

ORDER of Dismissal regarding intervening plaintiff Doug Johnson...is to bear his own costs, but no costs of The Kroger Co are to be taxed against him. That Johnson's claims being asserted by the EEOC, and any other claims being asserted by the EEOC are not affected by this dismissal. ( signed by SAL) Copies to counsel: 6/15/99 Page(s) 2 (jrb) (Entered: 06/15/1999)

RECAP
56 June 17, 1999

ORDER denying [52-1] joint motion to continue/to request new trial setting...further ordered that Advanced Ergonomics Inc's objections to subpoena are overruled as moot. ( signed by SAL) Copies to counsel: 6/18/99 Page(s) 1 (jrb) (Entered: 06/18/1999)

RECAP
58 June 29, 1999

ORDER Revising Scheduling Order reset pretrial conference for 2:00 12/2/99 ( signed by SAL) Copies to counsel: 6/30/99 Page(s) 1 (jrb) (Entered: 06/30/1999)

RECAP
57 June 30, 1999

ORDER...the Court has been informed that this case has settled. The parties are directed to file the necessary dismissal papers by 7/29/99. ( signed by SAL) Copies to counsel: 6/30/99 Page(s) 1 (jrb) (Entered: 06/30/1999)

RECAP
59 July 30, 1999

ORDER DIRECTING ADMINISTRATIVE CLOSURE ( signed by Lindsay) Copies to counsel: 8/3/99 Page(s): 1 (tsp) (Entered: 08/03/1999)

RECAP
60 Aug. 9, 1999

Agreed Protective ORDER and Stipulation...see order for specifics. ( signed by SAL) Copies to counsel: 8/10/99 Page(s) 5 (jrb) (Entered: 08/10/1999)

RECAP
61 Aug. 9, 1999

Consent Decree/ORDER...see order for specifics. ( signed by SAL) Copies to counsel: 8/10/99 Page(s) 7 (jrb) (Entered: 08/10/1999)

RECAP

Case Details

State / Territory:

Texas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Feb. 2, 1998

Closing Date: 2000

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Private Entity/Person

International Brotherhood of Teamsters, Local 745

The Kroger Co.

Case Details

Causes of Action:

Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101 et seq.

Other Dockets:

Northern District of Texas 3:98-cv-00242

Available Documents:

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Other requirements regarding hiring, promotion, retention

Reporting

Amount Defendant Pays: 240000

Order Duration: 1999 - 2000

Issues

Discrimination Area:

Disparate Impact

Disparate Treatment

Hiring

Medical Exam / Inquiry

Discrimination Basis:

Age discrimination

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

Recommended Citation