To do this, HUD is proposing to add five elements that must be included in disparate impact
claims under the FHA.
Beyond simplicity, what is the case for unifying disparate impact
Moreover, even if Marcotte opted-in to the collective action only to pursue her disparate impact
claim, while continuing to pursue her disparate treatment claim in her individual action, that would still constitute improper claim-splitting as these claims arise out of the same subject matterdefendants' alleged discrimination in failing to re-hire her as an ITS.
Floyd said that under disparate impact
theory, plaintiffs must show a causal connection between the challenged policy and the impact on a protected class, and that the families in this case appeared to have done this.
On APRIL 4TH, 2016, HUD published new guidance that marked a significant change in HUD's expectations for compliance with the FHA's disparate impact
leave policies had a disparate impact
on pregnant employees, but most
As to the disparate impact
claim, the Eleventh Circuit, sitting en banc, examined the pertinent section of the statute, which makes it "unlawful for an employer to limit, segregate, or classify his employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's age." After an exposition in statutory construction, the Court held that the plain language of this statutory text covers only discrimination against employees, not applicants for employment, and that Congress had not provided a remedy to applicants who are not employees when alleged discrimination occurred.
The FHA prohibits discrimination in housing based on "race, color, religion, sex, familial status, or national origin." (10) In 2013, the Department of Housing and Urban Development ("HUD") issued a regulation that formalized a three-part burden-shifting test (11) to prove disparate impact
liability under the FHA.
Soon after Griggs, Congress revisited Title VII and tacitly ratified disparate impact
as grounds for employer liability.
(67) Eventually, each circuit that "directly address[ed] the issue...allowed disparate impact
claims under the FHA." (68) However, despite the unanimity, the Supreme Court held off on deciding the issue one way or another.
Toomey questioned the agency's use of disparate impact
, stating it was applying a novel new approach.
First, disparate impact
claims may now be brought against lenders under an additional provision of the FHA.