Kroger Sued for Disability Discrimination After Stripping Employee's Accommodation

The EEOC filed suit in federal district court alleging Kroger violated the ADA by terminating an employee who had been approved for accommodations related to her neuropathy condition. According to the complaint, Kroger stripped the employee of her existing accommodation and subsequently fired her. The agency claims this conduct constitutes discrimination based on disability and failure to provide reasonable accommodation.\n\nEmployers should review their accommodation processes to ensure they do not unilaterally remove previously-approved accommodations without proper interactive dialogue. Companies should also ensure that any termination decisions involving employees with disabilities are not retaliatory or based on the disability itself. Failure to engage in the interactive process for accommodations can expose employers to significant liability.