In Muldrow v. City of St. Louis, Missouri, the U.S. Supreme Court clarifies that employment discrimination claims can proceed at court where "harm" is alleged to have occurred based on a protected status, with "harm" being tangible, but not always significant or economic.  Slip Op No. 22-193 (2024).

In Johnson v. Baltimore City et. al., the Fourth Circuit Court of Appeals revived a dismissed lawsuit and affirmed a lenient pleading standard in Maryland federal courts for pleading a racial discrimination case based upon the theory of disparate treatment.  Slip Op. 25-1124 (4th Cir. Jan. 6, 2026). The Fourth Circuit examined comparisons taken "together," and found them sufficient to state a disparate treatment claim, sufficient to proceed initially.