Former employee alleges Kroger discriminated based on age and seeks damages in federal court

Theodore Levin Federal Building
Theodore Levin Federal Building
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A recent legal filing alleges that an employee was terminated from her job at a grocery store chain because of her age, raising questions about workplace discrimination and fair employment practices. The complaint was filed by Dorothy Shackleford in the United States District Court for the Eastern District of Michigan against The Kroger Company on March 30, 2026.

According to the complaint, Shackleford is a resident of Mt. Clemens, Michigan, who began working for Kroger on May 3, 2002. She most recently held the position of Baker’s Manager at the company’s store located at 8 Mile and Harper Avenue. The document states that “the events producing the original injury occurred in Wayne County in the Eastern District, Southern Division of Michigan.” Shackleford is represented by attorney Scott P. Batey of Batey Law Firm, PLLC.

The lawsuit outlines several allegations against Kroger. Shackleford claims that after more than two decades with the company, she experienced discrimination following a change in store management in 2023. The new manager allegedly began targeting her because of her age by repeatedly asking questions such as “how long have you been here” and “how long are you gonna stay.” According to the complaint, other employees told Shackleford that she was being targeted due to her age and that management wanted to replace her.

In November 2025, Shackleford was suspended pending an investigation for allegedly using her phone while at work. She asserts that prior to this incident she had no written disciplinary actions against her. The complaint further claims that during this time period, several younger employees—specifically those in their thirties and forties—were also observed using their phones but were not disciplined or terminated for similar conduct.

Shackleford alleges that she was ultimately terminated on December 7, 2025, “due to her age” and replaced by a younger woman in her thirties. The filing states: “Plaintiff was terminated for allegedly using her phone in the store while other similarly situated younger employees in their 30’s and 40’s were not terminated, or even disciplined for using their phones.” The complaint contends that prior to Shackleford’s suspension there had been no other employees disciplined for phone use at this location.

The legal action cites violations of both federal and state law—including the Age Discrimination in Employment Act of 1967 (ADEA) and the Michigan Elliott-Larsen Civil Rights Act (ELCRA). It asserts that “Plaintiff’s age was a factor in Defendants’ employment decisions,” including adverse actions such as suspension and termination. Furthermore, it alleges that Kroger failed to take remedial action despite having notice of alleged discriminatory conduct toward Shackleford.

The document details various forms of harm suffered by Shackleford as a result of these actions: “As a proximate result of the age discrimination and conduct by Defendant… Plaintiff has sustained injuries including… physical pain and suffering, mental anguish… embarrassment… loss of earnings and other employment benefits.” In addition to seeking compensatory damages exceeding $75,000 exclusive of interest and costs, Shackleford requests punitive damages as well as attorney fees.

The suit also notes procedural steps taken before filing: On January 15, 2026, Shackleford received a Right to Sue letter from the Equal Employment Opportunity Commission (EEOC), granting permission to pursue litigation under federal law.

Shackleford has demanded a jury trial on all issues allowed by law. She is represented by attorney Scott P. Batey (P54711) from Batey Law Firm PLLC. The case number is 2:26-cv-11037-DML-KGA.

Source: 226cv11037_Dorothy_Sahckleford_v_The_Kroger_Complaint_Eastern_District_of_Michigan.pdf



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