Justices Decline to Revisit Decades-Old Job Discrimination Test

The US Supreme Court declined to review an ex-Hardee’s restaurant manager’s disability bias and retaliation case, passing on a chance to clarify or eliminate longstanding judge-made requirements for assessing whether employment discrimination claims reach trial.

The justices on Monday denied Tonya Huber’s petition to examine an en banc US Court of Appeals for the Eighth Circuit opinion, which cleared Westar Foods Inc., owner of several Hardee’s restaurants in the Midwest, of retaliation and disability bias claims due to insufficient evidence. But the circuit court said a jury must determine whether Huber’s diabetic episode influenced her termination, a potential violation ...