Hurdles remain for disparate impact claims in housing despite SCOTUS ruling

The 5-4 ruling upholds a category of U.S. Fair Housing Act lawsuits that civil rights groups said are especially important – and business groups consider particularly onerous. The court said plaintiffs can base their suits on statistical evidence that a disputed policy has a "disparate impact" on a minority group.

The HUD and Supreme Court standards diverge from each other, in that the Court’s opinion suggests a higher standard than that of HUD, which properly limits disparate impact claims to egregious, arbitrary and negative situations.

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Supreme Court Allows Age Discrimination Claims Based on Disparate Impact. The result is that the ADEA’s protection against the adverse effects of an employer’s action because of age is narrower in scope. If reasonable factors other than age account for the disparate impact, the action will not be found unlawful.

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The U.S. Supreme Court ruled today that disparate impact claims are enforceable under the Fair Housing Act. The decision in the case — Texas Department of Housing and Community Affairs v. Inclusive Communities Project — included a note of caution that statistical disparities only impose liability if plaintiffs can connect it to a defendant’s policy causing the disparity in order to.

In a disparate-impact claim, someone who alleges housing discrimination may establish liability, without proof of intentional discrimination, if an identified rental practice has a disproportionate effect on certain groups of individuals (i.e, minorities) and if the practice is not grounded in sound business considerations.

Farmers Group, et al, the state Supreme Court clarified that “Texas law prohibits the use of race-based credit scoring, but permits race-neutral credit scoring even if it has a racially disparate.

The Supreme Court ruled on Thursday that policies that segregate minorities in poor neighborhoods, even if they do so unintentionally, violate the fair housing act.. disparate-impact claims.

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Whether the court should take away a powerful legal tactic the Obama administration and others have used to combat housing discrimination. A Texas case challenges the theory, known as disparate impact.

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The Supreme Court heard arguments for the case in January 2015 and subsequently ruled by a narrow 5-4 vote in June 2015 that disparate impact claims are cognizable under the Fair Housing Act. The.