Kroger 'severe sexual harassment' turned violent, lawsuit claims

After months of alleged sexual harassment by a supermarket coworker and a death threat for reporting the conduct, a Rosenberg man has sued Kroger Texas.

Robert Salinas, 50, filed suit Nov. 5 in U.S. District Court in Houston, alleging that a coworker in the produce department, David Castillo, 48, subjected him to "severe and pervasive sexual harassment."

Salinas began working for Kroger in 1981 and in 2011 transferred to the Rosenberg store at 24401 Brazos Town Crossing, where he worked in the produce department.

Soon after his transfer, Castillo began making sexually inappropriate comments, according to court documents.

As one example cited in Salinas' complaint, Castillo grabbed Salinas' buttocks while he was bent over and asked, "When are you gonna give me some of that (...) ?"

Among other comments, Castillo told Salinas, "If you don't give it to me I am going to take it away. No one is here in the morning, just you and me. I will rape you and no one will find out. They won't believe you. You have no witnesses to prove it," according to the complaint.

Castillo further intimidated Salinas by telling him, "I used to rape guys like you in jail. I'd rather be with a guy than a woman."

Salinas reported the incidents to store management, but they took no action, the complaint states.

As the behavior continued, Salinas again reported it to three different managers, breaking down in tears with one. Castillo received no discipline, but other employees began calling Salinas a "cry baby," and the harassment continued.

On April 6, 2012, Castillo approached Salinas from behind in the cooler with a produce knife. He reached around Salinas' neck and held the knife to his throat while threatening to cut his head off, according to the offense report from the Rosenberg Police Department.

Further, Salinas claims that, after he reported the harassment to three store managers, Castillo threatened him with a knife.

Castillo is not named as a defendant in the lawsuit but was charged with aggravated assault with a deadly weapon in connection with the knife incident. He pleaded guilty (nolo contendere) in November 2012 and was sentenced to two years probation by Judge Brady G. Elliott in the 268th State District Court.

Castillo resigned from the store, records state. Salinas, who is represented by Francisco Caycedo of Sugar Land, is asking for unspecified damages.