High Court Inclusive Communities Ruling: 1 Year Later

Law360, New York (August 19, 2016, 4:07 PM EDT) -- Franca Harris Gutierrez

Debo P. Adegbile

Michael E. Gordon Last summer the U.S. Supreme Court issued its much-anticipated decision in Texas Department of Housing and Community Affairs v. Inclusive Communities Project,[1] holding that disparate impact discrimination claims are cognizable under the Fair Housing Act (FHA). Disparate impact liability arises when a policy or practice that is facially neutral results in a disproportionate disadvantage to a protected class and the policy or practice cannot be justified by a legitimate, nondiscriminatory business purpose.

Because disparate impact does not require intent or evidence of overt differences in treatment, it is often employed to establish...

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