Kroger seeks to dismiss discrimination claim

David Yates Jan. 23, 2015, 12:10pm


Kroger recently filed a motion to dismiss a suit brought by a former employee claiming her position was terminated because of age and racial discrimination.

Harris County Diane L. Bates filed a lawsuit June 18 in the Houston Division of the Southern District of Texas against Kroger Texas LP and KRPC Inc., citing disparate treatment.

Court records show that on Dec. 17 Kroger filed a motion to dismiss, asserting Bates continues to fail to state a claim upon which relief can be granted.”

“Plaintiff was given multiple opportunities to properly plead her age discrimination claim; however, Plaintiff fails to do so for the third time,” the motion states.

“Kroger strongly urges this Court to dismiss Plaintiff’s age discrimination claim. Plaintiff should not be afforded a fourth opportunity to plead her age discrimination claim. After three separate opportunities, if Plaintiff is still unable to properly assert and plead her age discrimination claim, the Court should not allow Plaintiff’s claim to go forward.”

In her claim, Bates says she worked at Kroger as a store manager. During her employment she was treated differently from other employees because of her race, sex and age and she was consequentially wrongfully terminated as a result on Aug. 23, 2012.

Bates alleges Kroger showed discrimination by denying Bates promotional opportunities, compensation and continued employment.

Kroger maintains Bates’ complaint fails to sufficiently describe any facts to establish her age discrimination claim, according to the motion to dismiss.

Bates is seeking damages, back pay, interest, attorney’s fees and court costs.

Houston attorney Wendle V. Smith of Anderson and Smith P.C represents her.

Kroger is represented in part by Nelsy Gomez, attorney for the Houston firm Cozen O’Connor P.C.

Houston Division of the Southern District of Texas Case No. 4:14-cv-01713

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