Court Allowed Worker Discrimination Claim Against Aramark
The ruling highlights potential legal risks for employers when managing shift assignments and leave returns.
Updated on Sept. 22, 2026 in Human Resources
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The US District Court for the District of Columbia permitted a worker to pursue sex discrimination and retaliation claims against Aramark. The litigation stems from workplace conduct at Georgetown University, where the employee faced multiple firings and demotion.
Why it matters
This case underscores the necessity for consistent disciplinary application and neutral leave reinstatement protocols to mitigate litigation exposure. Operators must ensure that uniform enforcement and staffing decisions do not disparately impact protected classes.
The case involves a two-week delay in reinstatement and three separate firings over the course of the worker's employment. These figures are being weighed against the employer's uniform enforcement practices.
The players
Aramark
A global provider of food, facilities, and uniform services for institutions including universities.
Georgetown University
A private research university that serves as a site for contracted food service operations.
UNITE HERE Local 23
A labor union representing hospitality and food service workers in the Washington area.
The details
The court's decision hinged on evidence that a female coworker avoided termination for the same uniform violation that allegedly contributed to the plaintiff's firings. Furthermore, the employer moved the worker from a barista position to a lower-paying cashier role following his return from leave. The court dismissed claims against the host university and significantly limited those against the labor union involved.
Timeline
August 2023: The worker began his employment with Aramark at Georgetown.
Spring 2024: The employer delayed the worker's reinstatement following his leave.
September 21, 2026: The court issued its ruling on the discrimination claims.
Market Landscape
This litigation follows the precedent established by the Family and Medical Leave Act regarding the protections afforded to workers upon their return from leave. It highlights how operational decisions involving staff reassignment can become flashpoints for federal discrimination claims.
Owners should audit their disciplinary policies to ensure consistent enforcement regardless of employee demographics. Managers must also review their leave reinstatement procedures to prevent delays that could be construed as retaliatory.
The takeaway
The court's decision serves as a reminder that inconsistent discipline remains a major liability for operators. Regularly review HR records to confirm that disciplinary actions align with established policy and are applied uniformly across all staff roles.
Further reading
For more on managing employment risks, see our Human Resources section.
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