Collective-Bargaining Agreement, Lack of Authority Block Title VII Suit In Mississippi

Cassandra Morrow and Savannah Barron both worked under Mickey Mancini in the meat department of Kroger’s Hernando, Mississippi store. Both Morrow and Barron filed internal complaints against Mancini with Kroger in 2012. Kroger issued an official write-up and suspended Mancini without pay for eleven days but did not fire him because they could not corroborate Morrow and Barron’s claims. In 2013, both Morrow and Barron filed suit against Kroger and Mancini under Title VII. The Fifth Circuit upheld the district court ruling that Mancini did not qualify as a supervisor under Title VII because he did not have the power to take “tangible employment actions against the victim” even though his title included the word manager. The court also stood behind the district court’s ruling that the LMRA preempted both Morrow and Barron’s state-law intentional interference claim against Mancini because they were covered under a collective-bargaining agreement between Kroger and the United Food & Commercial Workers Union, Local 1529. Read more about the case here.