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, 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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