Circuit Courts Develop Broader Standard for Workplace Bias Harm

Federal courts have begun sketching out the contours of a new, worker-friendly doctrine for determining what type of employer actions can sustain a worker’s anti-discrimination lawsuit, though more development of the law is expected.

The US Supreme Court changed the landscape for workplace anti-bias litigation in April with its unanimous ruling in Muldrow v. City of St. Louis, which cleared away circuit court precedent requiring workers to show they suffered a materially significant injury or some other elevated harm standard.

The high court’s new threshold—calling on workers to show they’ve experienced “some harm” that left them “worse off” regarding ...