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.

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).