HUD is issuing the proposed rule-which is currently under review by Congress prior to being publicly issued later in August-to conform its 2013 disparate
impact rule with the Supreme Court's 2015 decision in in Texas Department of Housing and Community Affairs v.
Specifically, counsel sought to consolidate Marcotte's disparate
treatment claim in the individual action with the disparate
treatment claim in the collective action, while allowing Marcotte's retaliation claim to continue in the individual action.
The agency's leadership intends to positively decrease these disparate
outcomes within its own system by a minimum of five percent within a 12 to 18 month time frame.
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
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.
Statistical evidence is crucial in each stage of disparate
impact's three-stage analysis: (1) the plaintiff's prima facie demonstration of a policy's disparate
impact; (2) the defendant's job-related business necessity defense of the discriminatory policy; and (3) the plaintiff's demonstration of an alternative policy without the same discriminatory impact.
(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.
impact claims may now be brought against lenders under an additional provision of the FHA.
"If unsuccessful job-seekers can file disparate
impact claims against employers, businesses will need to curtail bona fide hiring practices to the detriment of future job seekers."
The term "disparate
impact" refers to a Fair Housing Act principle that deems a practice discriminatory if it has a disproportionately adverse impact on any group based on race, national origin, color, religion, sex, familial status or disability--specifically when there is no legitimate, non-discriminatory business need for the policy.
Ignoring the statute's clear language, he wrote that the Fair Housing Act does allow for some disparate