Seventh Circuit Reviews Costco Disability Bias Claim

Judges are considering if a recent Supreme Court standard applies to disability discrimination lawsuits.

Updated on Oct. 28, 2026 in Human Resources

Seventh Circuit Reviews Costco Disability Bias Claim

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Should federal law require employers to grant shift change requests from workers with disabilities?

The Seventh Circuit heard arguments regarding whether Costco's denial of a shift change request for a deaf employee constitutes discrimination under federal law. The court is examining if a 2024 Supreme Court standard regarding harm applies to claims under the Americans with Disabilities Act.

Why it matters

This case tests how far-reaching a landmark Supreme Court ruling on workplace harm is for employees filing disability-related discrimination lawsuits. The outcome could set a significant precedent for how companies manage scheduling requests for workers with disabilities.

The case weighs the 1964 Civil Rights Act framework against the 2024 Muldrow v. City of St. Louis ruling. It remains unknown how the court will interpret the application of the current harm standard to disability discrimination claims.

The players

David Brody

He is a deaf forklift operator who is challenging Costco's decision to deny his request for a daytime work shift.

Costco Wholesale Co.

This is a multinational corporation that operates a chain of membership-only big-box retail stores.

Seventh Circuit

This is a United States Court of Appeals that hears federal cases originating from Illinois, Indiana, and Wisconsin.

The details

David Brody, a deaf forklift worker at Costco, alleged the company acted in a discriminatory manner by denying his request to move to a day shift. Judges are currently evaluating the applicability of the Supreme Court's 2024 ruling, which required Title VII plaintiffs to show some harm that left them objectively worse off, to cases brought under the Americans with Disabilities Act.

The Civil Rights Act was enacted in 1964.
The Supreme Court ruled in Muldrow v. City of St. Louis in 2024.
Seventh Circuit judges heard arguments in the case in October 2026.

Market Landscape

This case follows the Supreme Court ruling in Muldrow v. City of St. Louis to determine the threshold for workplace discrimination claims. The court's decision marks an attempt to clarify how this precedent integrates with established disability protections across the American retail sector.

Employees with disabilities may see changes in how companies handle requests for workplace accommodations based on the court's interpretation of required harm. This ruling could influence how HR departments across the country document and approve or deny shift change requests.

The takeaway

Workers should document any denied accommodations to ensure they have a clear record if legal standards for discrimination shift. Staying informed about how the courts interpret workplace harm helps employees understand their rights when negotiating schedule adjustments.