David Brody v. Costco Wholesale Corporation — 7th Cir. (Oct 28, 2026)
The Seventh Circuit hears David Brody's employment-discrimination appeal against Costco. Brody, who is deaf, sought full-time forklift jobs at two Wisconsin stores. One offered him a night shift rather than the day shift he wanted; he turned it down. The other selected a different applicant, citing a better safety record. Brody alleged disability discrimination and retaliation for an earlier discrimination complaint. The district court ruled for Costco without a trial. The appeal asks whether denying a preferred shift caused legally sufficient harm and whether Costco's safety explanation concealed discrimination. A key precedent is Muldrow, which rejected a significant-harm requirement for discriminatory job transfers under Title Seven. Some harm to employment terms or conditions is still required; how that ruling bears on this disability case is part of the debate.
David Brody v. Costco Wholesale Corporation (No. 25-2174) — U.S. Court of Appeals for the Seventh Circuit, argued October 28, 2026.
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