MBA submits brief as Supreme Court takes up disparate impact

MBA submits brief as Supreme Court takes up disparate impact

Although the Supreme Court has allowed disparate-impact claims under other federal discrimination statutes, Texas says the wording of the Fair Housing Act is different in crucial respects.

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Brief Supreme Court asked to decide whether ADEA protects job applicants. disparate impact protections do not apply to external applicants. Kleber and AARP told the nation’s top court that it.

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MBA applauds HUD’s efforts to align its disparate impact rule with the standards articulated by the Supreme Court. Specifically, MBA’s comments urge HUD to adopt a requirement that plaintiffs establish robust causality between an impermissible disparity and a specific policy that is "artificial, arbitrary and unnecessary."

Overbroad application of disparate impact may give rise to serious constitutional questions. The Court warned that if the limitations described in its decision are not observed, "the specter of disparate-impact litigation" under the FHA would "undermine[] its own purpose as well as the free-market system."

Disparate impact. The U.S. Supreme Court has held that the Fair Housing Act of 1968 creates a cause of action for disparate impact. Disparate impact contrasts with disparate treatment. A disparate impact is unintentional, whereas a disparate treatment is an intentional decision to treat people differently based on their race or other protected characteristics.

A group of 23 current and former members of Congress, including the two senators who authored the 1968 Fair Housing Act, have submitted a brief urging the U.S. Supreme Court to uphold the use of.

The proposal incorporates many of the suggestions MBA submitted during the earlier ANPR phase of this rulemaking. HUD’s proposed rule describes five requirements a plaintiff must satisfy to initiate a Disparate Impact claim under the FHA. It also lays out how a defendant can defend against such a claim.

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HUD seeks comment on disparate impact rule; Ballard Spahr to hold July 19 webinar. While the Supreme Court held in Inclusive Communities that disparate impact claims may be brought under the FHA, it also set forth limitations on such claims that "are necessary to protect potential defendants against abusive disparate impact claims." In.

Home No Clear Guidance with Supreme Court s disparate impact decision.. and the lawyer who crafted the amicus brief on this case to which NAA and several other organizations put their names, put it this way in his recent article on the decision.. NAA/NMHC Urge Members to Take Action and.

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