More on disparate impact and the Fair Housing Act

July 02, 2015 | By RALPH KASARDA

The Washington Examiner published my opinion-editorial yesterday on the Supreme Court’s disappointing decision in Texas Dept. of Housing and Community Affairs v. Inclusive Communities Project, Inc.  Last week, the Court held that the Fair Housing Act (FHA), Title VIII of the Civil Rights Act of 1968, encompasses claims for disparate impact. ...


The lingering constitutional problem with disparate impact

June 25, 2015 | By WENCONG FA

Today the Court held that disparate impact claims are cognizable under the Fair Housing Act (our earlier blog post on the case is here). The Court came to this conclusion as a matter of statutory interpretation, but didn’t say much about the constitutional problems that might arise in a disparate impact lawsuit. Like the antagonist … ...


Supreme Court holds Fair Housing Act prohibits disparate impact discrimination

June 25, 2015 | By RALPH KASARDA

In a disappointing 5-4 decision written by Justice Kennedy, the Supreme Court held today that the Federal Fair Housing Act, Title VIII of the Civil Rights Act of 1968, encompasses claims for disparate impact.  The majority insists that disparate-impact claims are consistent with the FHA’s central purpose to eradicate discriminatory practi ...