Judge: EEOC’s ‘Nudge’ Saves Disability Bias Class Claims From Dismissal

( March 31, 2025, 10:41 AM EDT) -- PHILADELPHIA — The Equal Employment Opportunity Commission may proceed with disability discrimination claims against certain Pennsylvania hospital entities accused of discriminating against employees who took medical leave by requiring them to reapply and compete for employment opportunities when returning from leave, a federal judge in Pennsylvania ruled, partially granting and partially denying a motion to dismiss the amended complaint, explaining that “[w]hile the Court would have preferred that the EEOC decisively push its claims across the line from conceivable to plausible in its Amended Complaint, just a nudge will do.”...