Kent, Judge Samuel B.

English

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Cornell University ILR School 
DigitalCommons@ILR 
ADAAA Case Repository Labor and Employment Law Program 
1-3-2002 
Equal Employment Opportunity Commission, Plaintiff, and Adrian 
Bellman, Plaintiff-Intervenor, v. Kroger Texas, L.P., Defendant. 
Judge Samuel B. Kent 
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Equal Employment Opportunity Commission, Plaintiff, and Adrian Bellman, 
Plaintiff-Intervenor, v. Kroger Texas, L.P., Defendant. 
Keywords 
Equal Employment Opportunity Commission, Adrian Bellman, Kroger Texas L.P., G-01-226, Consent decree 
/ Settlement, Disparate Treatment, Failure to Accommodate, Constructive Discharge, Other mental 
impairment disability, Service, Employment Law, ADAAA 
This article is available at DigitalCommons@ILR: https://digitalcommons.ilr.cornell.edu/adaaa/170 
* * 
IN THE UNITED STATES DISTRICT COURT 
FOR THE SOUTHERN DISTRICT OF TEXAS 
GALVESTON DIVISION 
EQUAL EMPLOYMENT 
OPPORTUNITY COMMISSION, 
Plaintiff, 
and 
United States Co una 
Southern District of Texas 
ENTERED 
JAN 4 Z002 
Michael N. Milby, Clerk 
ADRIAN BELLMAN 
Plaintiff-Intervenor 
v. 
KROGER TEXAS. L.P 
Defendant 
%tmL 
§ 
§ 
§ 
§ 
CIVIL ACTION NO. G-01-226 
CONSENT DECREE 
The court, finds that the following: 
A. Adrian Bellman filed a charge of discrimination, alleging that The Kroger Co 
predecessor to Kroger Texas, L .P. ("Kroger Texas") violated the Americans with Disabilities 
Act ("ADA"). Adrian Bellman has agreed to dismissal of his claims, and the court, by 
separate order, has dismissed Adrian Bellman's claims with prejudice. 
B. The Equal Opportunity Commission ("EEOC"), after investigating the charge 
issued a cause finding, and commenced this action. The EEOC contends that The Kroger 
Co. constructively discharged Bellman and failed to accommodate him by failing to permit 
a job coach or parent to be present during an investigatory meeting to discuss misconduct 
at which Adrian Bellman resigned. 
f 
C. The Kroger Co. and Kroger Texas deny the allegations and contends that The 
Kroger Co. offered Bellman an opportunity to confer with his job coach and mother before 
accepting his resignation, and that it encouraged him to accept suspension pending 
investigation. 
D. Prior to the initiations of this action, Kroger Texas assumed the liabilities of 
The Kroger Co., and the parties stipulate that Kroger Texas is the only proper defendant in 
this action. 
E. The EEOC and Kroger Texas have a bona fide dispute concerning liability. 
Kroger Texas denies all liability and by consenting to this Consent Decree does not admit 
to any wrong-doing. Further, Kroger Texas contends that at all times it and The Kroger Co. 
have complied with their obligations under state and federal laws that prohibit 
discrimination against qualified persons with disabilities, including the Americans with 
Disabilities Act. 
F. The EEOC and Kroger Texas consent to this order. 
Accordingly, the court orders the following: 
1. This consent decree is a full and complete settlement of any and all claims 
arising from Adrian Bellman's charge of discrimination, and applies only to Kroger Texas' 
stores in District No. 1. 
2. Kroger Texas shall continue to comply with its obligations under the 
Americans with Disabilities Act. Kroger Texas shall not engage in any unlawful 
employment practices which discriminate against individuals protected by the ADA with 
2 
respect to compensation, terms, conditions or privileges of employment because of such 
individual's disability, and will not retaliate against any individual who has opposed any 
practice unlawful under the ADA, or who has made a charge, or participated in any 
investigation, proceeding or hearing under the ADA. 
3. Kroger Texas shall provide all managers and co-managers assigned to work 
in its District No. 1 with at least 2 hours of training concerning its obligations under the 
Americans with Disabilities Act. At such training, Kroger Texas shall read a short statement 
prepared by the EEOC concerning its contention that employers should provide mentally 
retarded employees an opportunity to confer with a job coach or parent prior to terminating 
such an employee for disciplinary reasons. This provision in no way is an acknowledgment 
by this court or Kroger Texas that such an accommodation is reasonable, the court having 
not reached the merits of the case. Kroger Texas will prepare the training in consultation 
with an attorney of its choosing and will provide the training by December 31, 2002. 
4. If any employee assigned to District No. 1 and known to Kroger Texas to be 
mentally retarded commits a terminable offense, Kroger Texas shall follow its procedures 
under the collective bargaining agreement and suspend the employee pending investigation. 
If such employee chooses to immediately resign in lieu of suspension, the resignation shall 
become effective three (3) days following notice of the resignation, to enable the employee 
to confer with a job coach or parent concerning the decision. The 3-day period is exclusive 
of weekends and federal holidays. Such a resignation is revokable only during the 3-day 
period, and if revoked, the provisions of the collective bargaining agreement shall govern 
3 
« • . 
subsequent employment actions. This provision shall not apply to resignations that are not 
associated with possible terminable offenses. 
5. In the event that a known mentally retarded employee in District No. 1 resigns 
under suspicions that he or she has committed a terminable offense, Kroger Texas shall 
provide the employee and the union steward a notice in plain English stating that the 
employee may revoke the resignation within 3 days, exclusive of weekends and federal 
holidays, and the name, telephone number, and telecopier number of the person who should 
receive notice of the revocation. Kroger Texas will also notify the employee that he should 
immediately present the notice to his parent or job coach. 
6. Kroger Texas obligations under paragraphs 2 through 5 shall expire two (2) 
years from the date of this order. Until such expiration date, the court shall retain 
jurisdiction to enforce the provisions of this order. 
Signed this of January 2002. 
Agreed: 
United States District Judge 
ames Sacher 
Attorney for EEOC 
y J2Asr>>uAsL^v^ 
r 
f4ri-
iff, IT. A. Martin Wickli 
Attorney for The Kroger Texas, L.P 
4 


Equal Employment Opportunity Commission, Plaintiff, and Adrian Bellman, Plaintiff-Intervenor, v. Kroger Texas, L.P., Defendant.

https://digitalcommons.ilr.cornell.edu/cgi/viewcontent.cgi?article=1059&amp;context=adaaa

Equal Employment Opportunity Commission, Plaintiff, and Adrian Bellman, Plaintiff-Intervenor, v. Kroger Texas, L.P., Defendant.

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