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Under the Court's ruling in Inclusive Communities, in order to prove a case of disparate impact housing discrimination, the following must occur: First, a plaintiff must make out a prima facie case, drawing an explicit, causal connection between a policy or practice and the disparate impact or statistical disparity.
In Justice Anthony Kennedy's majority opinion, the Court held that Congress specifically intended to include disparate impact claims in the Fair Housing Act, but that such claims require a plaintiff to prove it is the defendant's policies that cause a disparity. [2]
The alternative to a "disparate treatment" theory is a "disparate impact" theory. A disparate impact violation is when an employer is shown to have used a specific employment practice, neutral on its face but that caused a substantial adverse impact to a protected group, and cannot be justified as serving a legitimate business goal for the ...
Determining the intent of the official action can be difficult (outside of rare cases where racial discrimination is obvious on the face), and the court suggested that a fact intensive balancing test considering many factors including but not limited to: 1) the impact of the challenged decision (whether it disproportionately impacted one race ...
Respondents' policy would encourage race-based action at the slightest hint of disparate impact — e.g. causing employers to discard the results of lawful and beneficial promotional examinations even where there is little if any evidence of disparate-impact discrimination — which would amount to a de facto quota system, in which a "focus on ...
On certiorari, the United States Supreme Court vacated the judgment of the Court of Appeals and remanded the case for further proceedings. Seven members of the Court (1) agreed that disparate impact analysis may be applied to allegedly discriminatory subjective or discretionary employment practices, and (2) agreed regarding certain aspects of the evidentiary standards applicable in such case
It concerned the Age Discrimination in Employment Act of 1967 (ADEA) and the disparate impact theory. The Court held that although the theory of disparate impact set forth in Griggs v. Duke Power Co . , 401 U.S. 424 (1971) is also applicable under the ADEA, the ADEA is narrower as it permits “otherwise prohibited” actions “where the ...
Griggs v. Duke Power Co., 401 U.S. 424 (1971), was a court case argued before the Supreme Court of the United States on December 14, 1970. It concerned employment discrimination and the disparate impact theory, and was decided on March 8, 1971. [1]