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. Sources: Argument audio — official Seventh Circuit recording, October 28, 2026: https://media.ca7.uscourts.gov/sound/... Official October 2026 recording listing — No. 25-2174: https://media.ca7.uscourts.gov/oralAr... Case background and summary-judgment reasoning — district court Doc. 39, January 23, 2025: https://law.justia.com/cases/federal/... Muldrow employment-harm rule — Supreme Court opinion, April 17, 2024: https://www.supremecourt.gov/opinions... Appellate identity and counsel record — No. 25-2174 docket snapshot: https://dockets.justia.com/docket/cir...