The EEOC filed suit (U.S. EEOC v. Kroger Texas L.P. – Houston Division, Civil Action No. 4:26-cv-02448) in U.S. District Court for the Southern District of Texas, Houston Division, on March 30, 2026, charging that Kroger's Clear Lake/NASA area store violated federal employment law when it failed to accommodate and then fired the employee because of her disability. The self-service checkout attendant had worked successfully for three years using a walker due to neuropathy that limited her ability to walk and move, and caused her feet to go numb if she stood for extended periods.
According to the lawsuit, new management at Kroger store #300 revoked the employee's reasonable accommodation without engaging in the interactive process required under the ADA. "Kroger's new management failed to interact with the employee to determine if the previously granted accommodation was reasonable or if another was potentially available," the EEOC stated in its complaint. Instead of working with the employee, management told her to seek medical leave—which she neither wanted nor needed—until she could return to work without any accommodation.
The employee was ultimately terminated when she could not provide medical documentation supporting a need for leave, according to the suit. The EEOC is seeking back pay and reinstatement or front pay for the affected worker, plus compensatory and punitive damages to be determined at trial. The agency also wants a permanent injunction barring Kroger from future disability discrimination and an order requiring the company to implement policies and programs governing the reasonable accommodation process.
The case highlights ongoing EEOC enforcement priorities around disability accommodation rights, particularly targeting employers who revoke previously granted accommodations without proper justification. The lawsuit comes after the agency's conciliation efforts failed to reach a pre-litigation settlement with Kroger, demonstrating the EEOC's willingness to pursue court action when voluntary compliance cannot be achieved.
"Disability discrimination in the workplace, which includes failure to accommodate and discharge because of disability, will not be tolerated by the EEOC," said Rayford Irvin, director of the EEOC's Houston District Office. EEOC Senior Trial Attorney Claudia Molina added that "an employer, in consultation with an employee facing a disability, must consider whether an accommodation is reasonable. Revoking a previously granted reasonable accommodation can violate the ADA."
The case underscores the importance of maintaining consistent accommodation policies during management transitions and conducting proper interactive processes before modifying existing arrangements. For employment practitioners, the lawsuit serves as a reminder that accommodations cannot be unilaterally revoked without engaging in good-faith discussions with employees about reasonable alternatives.