ATLANTA, GA – August 17, 2026 (STL.News) The Kroger Co. has agreed to pay $75,000 and implement workplace compliance measures to settle a federal disability discrimination and retaliation lawsuit brought by the U.S. Equal Employment Opportunity Commission involving a former cashier at an Atlanta grocery store.
The EEOC announced the settlement Monday, saying the national grocery retailer will pay the former employee $75,000 under a two-year consent decree. The agreement also requires Kroger to update complaint procedures, train certain managers and human resources personnel, post a workplace notice and provide periodic reports to the federal agency.
The case centered on allegations that Kroger failed to reasonably accommodate a cashier with disabilities and stopped scheduling her for work after she requested permission to sit while working.
The settlement resolves the lawsuit without the allegations proceeding to trial.
EEOC Alleged Kroger Failed to Accommodate Cashier
According to the EEOC, the employee was a breast cancer survivor whose cancer treatments resulted in permanent nerve damage to her lower extremities.
Kroger hired the woman as a cashier at its store in Atlanta’s Edgewood retail district. The federal complaint identifies the location as the Kroger store on Caroline Street.
Court records show Kroger hired the employee, identified in the complaint as Taylor, in March 2023. Her primary responsibilities included scanning merchandise, bagging groceries, and processing customer payments. The EEOC alleged she could perform those primary duties while seated.
Shortly after beginning work, the cashier requested permission to use a stool or chair during her shifts as a reasonable accommodation for her disability. According to the EEOC, she provided medical documentation supporting the request.
The agency alleged that Kroger subsequently stopped scheduling her for shifts and failed to respond adequately to her attempts to communicate with store management.
The EEOC said the employee made repeated telephone calls and eventually filed an internal complaint concerning the situation.
The federal complaint provides additional details about the sequence of events. According to the filing, the employee’s medical provider supplied documentation concerning her disability and requested that Kroger accommodate her need to sit while working. The employee later faxed additional documentation to the company requesting the accommodation for the duration of her employment.
The complaint alleged Kroger had not scheduled the employee to work since approximately April 11, 2023.
Employee Filed EEOC Discrimination Charge
The dispute continued for several months.
According to the EEOC, the cashier informed Kroger that she had filed a discrimination charge with the agency in July 2023.
The EEOC alleged that Kroger then told her that future communications should go through her attorney and the company’s legal department. According to the agency, Kroger did not subsequently contact her or schedule her for additional work.
The employee’s allegations eventually moved through the EEOC’s administrative process.
The agency said it attempted to resolve the dispute through its pre-litigation conciliation process before filing a federal lawsuit.
The EEOC filed EEOC v. The Kroger Co., Case No. 1:25-cv-00272, in January 2025 in the U.S. District Court for the Northern District of Georgia.
The lawsuit accused Kroger of violating the Americans with Disabilities Act, commonly known as the ADA.
Among other protections, the ADA prohibits covered employers from discriminating against qualified employees because of disability. Employers also generally must provide reasonable accommodations to qualified workers with disabilities when doing so would not impose an undue hardship.
Federal law additionally prohibits retaliation against workers for asserting rights protected under the ADA.
Kroger Settlement Includes Training and Oversight
The $75,000 payment is only one component of the settlement.
Under the two-year consent decree, Kroger must pay the former cashier $75,000 and undertake several measures designed to address the issues raised in the litigation.
Kroger will update its procedures for handling workplace complaints, the EEOC said.
The company must also provide specialized training to store leaders and human resources personnel responsible for receiving and handling disability accommodation requests.
A workplace notice must be posted informing employees about the settlement and reminding workers of their right to be free from workplace discrimination.
Kroger will also be subject to a reporting requirement during the decree.
The company must provide the EEOC with periodic reports on disability accommodation requests and how those requests were handled.
The reporting provision gives the federal agency a mechanism to monitor compliance with portions of the agreement during the two-year period.
EEOC Says Employers Cannot Ignore Accommodation Requests
Marcus G. Keegan, regional attorney for the EEOC’s Atlanta District, said employers cannot simply disregard workers who seek reasonable accommodations or complain about discrimination.
The agency said it welcomed Kroger’s agreement to provide training and establish additional safeguards intended to prevent retaliation against employees who exercise their rights through internal complaints or the EEOC.
Darrell E. Graham, director of the EEOC’s Atlanta District, also emphasized employers’ responsibilities under the ADA, saying the agency remains committed to enforcing federal protections against disability discrimination.
The Atlanta District Office has jurisdiction throughout Georgia and specified counties in South Carolina.
Case Highlights Reasonable Accommodation Requirements
The Kroger case illustrates an important part of federal disability law that can affect employers of virtually every size and industry covered by the ADA.
A reasonable accommodation can involve changes to a workplace or the way a job is ordinarily performed that enable a qualified employee with a disability to perform essential job functions.
The central issue alleged in this case was comparatively straightforward: the cashier sought permission to sit on a stool or chair while working because nerve damage affected her ability to stand and walk.
The EEOC’s complaint alleged that she could still perform the primary functions of her cashier position while seated. Rather than resolving the accommodation request through the process contemplated under federal disability law, the agency alleged Kroger stopped giving her shifts and failed to meaningfully engage with her about the request.
The case also shows why employers must handle complaints carefully after an accommodation dispute develops. Retaliation claims can arise separately from an underlying discrimination or accommodation allegation when an employee engages in legally protected activity.
For workers, protected activity can include requesting a disability accommodation, making certain discrimination complaints or filing a charge with the EEOC.
Kroger Case Ends With Two-Year Consent Decree
The settlement resolves the federal litigation about a year and a half after the EEOC filed its complaint.
Court records show that the parties notified the federal court in May 2026 that they had reached a resolution.
The EEOC formally announced the $75,000 settlement and terms of the consent decree on Aug. 17.
For Kroger, the agreement means the company will face continuing obligations beyond paying the monetary settlement. Training, updated complaint procedures, employee notification and EEOC reporting will remain components of the resolution during the two-year decree.
For employers more broadly, the case reminds them that disability accommodation requests should be documented, evaluated promptly, and handled through procedures consistent with the ADA.
The EEOC’s announcement and additional information about disability discrimination are available through the U.S. Equal Employment Opportunity Commission.
Editor’s note: The allegations described in this article were made by the EEOC in a federal civil lawsuit. The settlement resolves the litigation and should not be interpreted as a trial verdict or judicial finding that Kroger committed the alleged violations.
