Workplace Bias Cases Test What Makes a Valid Discrimination Claim

Federal appeals courts are grappling with the question of what kinds of workplace disparities rise to the level of illegal discrimination, creating the potential for judges to broaden employee protections under federal anti-bias laws.

Last week, a federal appeals court heard oral argument in a female construction worker’s bid to revive her lawsuit accusing a company of unlawfully denying her the same work opportunities as men. A district judge threw out the case because that denial wasn’t an “ultimate employment decision.”

Another court is considering cases on the legal requirements for “adverse employment actions” when workers sue companies after not ...