Disparate Impact Discrimination Remains In The Spotlight

Law360, New York (September 24, 2013, 12:16 PM EDT) -- Currently, the government or private plaintiffs can seek to prove violations of the Fair Housing Act by showing either actual disparate treatment or a resulting disparate impact among protected groups. These are distinctly different standards of liability, and the current lack of clarity on how and when they may be applied to financial institutions will impact the offering and availability of credit.

Under the disparate treatment theory, discrimination may occur when there is differential treatment of similarly situated people to the detriment of members of a...
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