Search results
Results from the WOW.Com Content Network
The disparate impact theory has application also in the housing context under Title VIII of the Civil Rights Act of 1968, also known as the Fair Housing Act. The ten federal appellate courts that have addressed the issue have all determined that one may establish a Fair Housing Act violation through the disparate impact theory of liability.
There have been calls for HUD to use disparate impact as a measure of housing discrimination. HUD's disparate impact rule was strengthened in 2013 and upheld in a court case in 2015. However, in 2020, HUD issued its final disparate impact rule, which shifted the burden of proof of discrimination to the victims of housing discrimination. [18]
Texas Dept. of Housing and Community Affairs v. Inclusive Communities Project, Inc., 576 U.S. 519 (2015), was a United States Supreme Court case in which the Court analyzed whether disparate impact claims are cognizable under the Fair Housing Act. [1]
Metropolitan Housing Development Corp, 429 U.S. 252 (1977), was a case heard by the Supreme Court of the United States dealing with a zoning ordinance that in a practical way barred families of various socio-economic, and ethno-racial backgrounds from residing in a neighborhood. The Court held that the ordinance was constitutional because there ...
In disparate impact claims, a prima facie case of discrimination is established by showing that the challenged practice of the defendant actually or predictably results in racial discrimination. [18] This analysis focuses on facially neutral policies that may have a discriminatory effect.
Height and weight requirements have been identified by the EEOC as having a disparate impact on national origin minorities. [108] When defending against a disparate impact claim that alleges age discrimination, an employer, however, does not need to demonstrate necessity; rather, it must simply show that its practice is reasonable. [citation ...
High demand and limited supply. Augustus said the housing crisis manifests itself in so many ways, and has become an existential threat to the state’s growth and competitiveness.
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 ...