NJ Settlement Saves Feds' Disparate Impact Use — For Now

Law360, New York (November 14, 2013, 8:11 PM EST) -- The Wednesday settlement of a New Jersey housing discrimination dispute before the U.S. Supreme Court could rule gave a temporary reprieve to regulators' and private plaintiffs' ability to bring lending bias cases based on discriminatory impact rather than intent.

The case had the potential to put a lid on the use of the disparate impact theory in fair lending cases by both regulators and private plaintiffs. The settlement gave a reprieve to those who back the theory's use in the lending context, but the high court...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.