Federal Jury Awards More Than $450,000 to Former Kroger Employee in Texas Discrimination, Harassment Lawsuit

SHERMAN, Texas, Sept. 30, 2013 /PRNewswire via COMTEX/ -- A Plano, Texas, man has been awarded more than $450,000 in damages against Kroger Texas L.P. in a federal disability discrimination lawsuit, after a jury found he was harassed by his store manager because of his mental disabilities before ultimately being fired after reporting the harassment. Kroger Texas is a division of Cincinnati-based grocery chain The Kroger Co. KR -0.79% .

Karl Tipple, 25, filed the lawsuit last year after a Kroger store manager harassed him for nearly a year before wrongfully firing him in December 2011. The lawsuit alleged the manager repeatedly referred to Mr. Tipple as a "f------ retarded idiot" who was "too stupid to live."

In a verdict issued Thursday, Sept. 26 following three days of testimony, jurors in the U.S. District Court for the Eastern District of Texas in Sherman found for Mr. Tipple and awarded him more than $450,000 in damages, which included $250,000 in punitive damages. Additionally, Mr. Tipple may be allowed to recover his attorneys' fees as part of the recovery.

"This case was never about money for Karl," says Mr. Tipple's lead counsel, Matthew Scott of the Kendall Law Group in Dallas. "He wants to make sure that no other disabled Kroger employees are forced to endure this type of abuse in the future."

Mr. Tipple, who suffers from multiple learning disabilities and graduated from special education classes at Plano West High School, earned high marks for his work at Kroger for nearly five years before being transferred to another location in November 2010. At the time, Mr. Tipple was designated an assistant bakery manager, but the new store manager quickly demoted him to a part-time position.

Jurors heard testimony that the store manager frequently yelled at Mr. Tipple on the sales floor during business hours, using profanity and other abusive language, including the derogatory comments about Mr. Tipple's mental disabilities.

"This was clearly a case where a high-functioning person with disabilities was victimized by his manager with the support of Kroger higher management," says former federal judge Joe Kendall, founder of the Kendall Law Group. "After he reported the abuse, Kroger refused to investigate his claims, and instead fired him."

The Kendall Law Group is a trial firm that represents individuals in employment discrimination and securities fraud lawsuits against companies. Visit the firm's website at http://www.kendalllawgroup.com.

SOURCE Kendall Law Group

Copyright (C) 2013 PR Newswire. All rights reserved 

http://www.marketwatch.com/story/federal-jury-awards-more-than-450000-to-former-kroger-employee-in-texas-discrimination-harassment-lawsuit-2013-09-30?reflink=MW_news_stmp

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what's ssdi & ssI ? still disabled yes

what Is the Difference Between Social Security Disability (SSDI) and SSI? Both SSI and SSDI disability programs offer cash benefits for disabled individuals, but the financial eligibility requirements are very different.
The main difference between Social Security Disability (SSD, or SSDI) and Supplemental Security Income (SSI) is the fact that SSD is available to workers who have accumulated a sufficient number of work credits, while SSI disability benefits are available to low-income individuals who have either never worked or who haven't earned enough work credits to qualify for SSD.

While many people don't distinguish between SSI (Supplemental Security Income) and SSDI (Social Security Disability In nsurance), they are two completely different governmental programs. While both programs are overseen and managed by the Social Security Administration, and medical eligibility is determined in the same manner for both programs, there are distinct differences between the two. What Is SSI? Supplemental Security Income is a program that is strictly need-based, according to income and assets, and is funded by general fund taxes. SSI is called a "means-tested program," meaning it has nothing to do with work history, but strictly with financial need. To meet the SSI income requirements, you must have less than $2,000 in assets (or $3,000 for a couple) and a very limited income.

Disabled people who are eligible under the income requirements for SSI are also able to receive Medicaid in the state they reside in. Most people who qualify for SSI will also qualify for food stamps, and the amount an eligible person will receive is dependent on where they live and the amount of regular, monthly income they have. SSI benefits will begin on the first of the month when you first submit your application.

Learn more about the SSI program and SSI benefits. What Is SSDI? Social Security Disability Insurance is funded through payroll taxes. SSDI recipients are considered "insured" because they have worked for a certain number of years and have made contributions to the Social Security trust fund in the form of FICA Social Security taxes. SSDI candidates must be younger than 65 and have earned a certain number of "work credits." (To learn more, see our article on SSDI and work credits.) After receiving SSDI for two years, a disabled person will become eligible for Medicare.

Under SSDI, a disabled person's spouse and children dependents are eligible to receive partial dependent benefits, called auxiliary benefits. However, only adults over the age of 18 can receive the SSDI disability benefit.

There is a five-month waiting period for benefits, meaning that the SSA won't pay you benefits for the first five months after you become disabled. The amount of the monthly benefit after the waiting period is over depends on your earnings record, much like the Social Security retirement benefit.

Learn more about the SSDI program and SSDI benefits.

by: Beth Laurence, J.D.

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