A federal civil rights agency has brought a lawsuit alleging that a major grocery retailer violated disability laws by failing to accommodate an employee’s medical needs and terminating her employment. The United States Equal Employment Opportunity Commission filed the complaint in the Southern District of Texas on March 26, 2026, naming Kroger Texas L.P.- Houston Division, doing business as Kroger Store #300, as the defendant.
According to the complaint, the Commission alleges that since at least July 2023, Kroger engaged in unlawful employment practices by refusing to provide reasonable accommodations for Kathryn Rodriguez, an employee with mobility impairments. The suit states that Rodriguez began working at Kroger Store #300 in Houston’s Clear Lake/NASA area in 2015 as a customer service cashier. In early 2020, she developed a disabling mobility impairment complicated by pre-existing conditions and underwent surgery in March 2020. Despite the procedure, Rodriguez continued to experience neuropathy that limited her ability to walk and stand without assistance.
The filing outlines that after her surgery in 2020, Rodriguez was granted accommodations by the store’s general manager at that time. These included permission to use a walker at work and to sit frequently during her shifts. She was also reassigned to serve as a self-service checkout attendant. The next store leader who took over in January 2022 continued these accommodations throughout their tenure.
However, when Michelle Scott became Store Leader in July 2023, accompanied by consultation with human resources staff, Kroger allegedly revoked Rodriguez’s accommodations despite being aware of her ongoing needs and previous successful job performance with those adjustments. The complaint states that Scott refused to acknowledge medical documentation provided by Rodriguez supporting her need for accommodation. According to the filing, “The Store Leader told Charging Party, ‘no sitting at Kroger!'” Rodriguez was sent home and instructed not to return until she could work without any accommodation.
The Commission further alleges that Kroger did not engage in an interactive process with Rodriguez to determine if her prior or alternative accommodations would allow her to perform essential job functions without causing undue hardship for the company. Instead, she was directed to request leave until she could return without restrictions; however, these leave requests were denied and classified as “unapproved leave of absence.” On October 31, 2023, Kroger terminated Rodriguez’s employment for what it described as failure to provide additional correspondence supporting her leave request.
The lawsuit asserts that Rodriguez did not require leave but was able and willing to work if allowed reasonable accommodation for her disability. It claims she is a qualified individual under federal law due to permanent neuropathy caused by Type 2 diabetes—conditions which substantially limit major life activities such as walking and standing.
According to the Commission’s statement of claims: “Defendant subjected Charging Party to an adverse employment action — termination — on the basis of disability by discharging her because of her actual disability.” The agency contends this conduct violates multiple provisions of the Americans with Disabilities Act (ADA), including sections requiring employers not only refrain from discrimination but also provide reasonable workplace accommodations unless doing so would cause significant difficulty or expense.
As relief from the court, the Commission seeks several remedies: a permanent injunction prohibiting future discrimination based on disability; orders requiring Kroger implement policies ensuring equal opportunities for disabled employees; back pay with interest; reinstatement or front pay if reinstatement is impractical; compensation for lost insurance benefits and other expenses; damages for emotional pain and suffering; punitive damages for alleged malicious or reckless conduct; coverage of legal costs; and any further relief deemed appropriate by the court.
The complaint is signed by Catherine L. Eschbach (Acting General Counsel), Christopher Lage (Deputy General Counsel), Rudy Sustaita (Regional Attorney), Connie W. Gatlin (Assistant Regional Attorney), Claudia Molina-Antanaitis (Attorney-in-Charge), and Lloyd S. Van Oostenrijk (Senior Trial Attorney) on behalf of the U.S. Equal Employment Opportunity Commission Houston District Office. The case is identified as Civil Action No. 4:26-cv-2448.
Source: 426cv02448_Equal_Employment_v_Kroger_Texas_Complaint_Southern_District_of_Texas.pdf
