Workers sue over bathroom video
Wednesday, November 14th, 2007Louisville — More than 100 employees of the Kroger distribution center in Louisville have sued Kroger and Zenith Logistics, contending the companies used hidden video surveillance in the men’s restroom without the workers’ knowledge.
The lawsuit, filed Friday in Jefferson Circuit Court, includes 138 employees or former employees from throughout Kentucky and Indiana. It names the center’s manager, Oscar Fussenegger, as a defendant.
The lawsuit says employees discovered they were being monitored on Nov. 11, 2006, and each defendant has suffered injury “as a result of the fact that their most private activities in the restroom have been monitored.”
The lawsuit does not indicate why there was video surveillance in the bathroom, or what proof the plaintiffs have that the companies placed it there.
Attorney Lea Player, who represents the Kroger employees, said she would not comment on the lawsuit.
Claims made in filing a lawsuit give only one side of the case.
Kroger spokesman Tim McGurk said this lawsuit, like a similar one filed in federal court in December, is “without merit.”
Reached at his home, Fussenegger said, “There’s a lot of things I’d like to say,” but that he should defer to Kroger. Zenith Vice President Rich Grau also declined to comment.
The plaintiffs seek a jury trial and compensatory and punitive damages.
In April, about 700 workers walked off the job at the distribution center for several days during a dispute with the companies that operate the center for Kroger.
The members of Teamsters Local 89 ratified agreements with Transervice Logistics, which runs the trucking operations at the site, and with Zenith Logistics.
The employees used to work directly for Kroger, but the supermarket chain transferred operations to the two companies earlier this year.
