In this article published by Law360, authors David Ogden, Franca Harris Gutierrez, Debo Adegbile, Michael Gordon, Stephen Carey, Sky Lynn Perryman and Adriel Cepeda Derieux analyze the evolution of disparate impact doctrine since the court's Inclusive Communities decision, with a particular focus on how the decision appears to be affecting enforcement cases brought by the Consumer Financial Protection Bureau.
Last summer the US Supreme Court issued its much-anticipated decision in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, holding that disparate impact discrimination claims are cognizable under the Fair Housing Act. Disparate impact liability arises when a policy or practice that is facially neutral results in a disproportionate disadvantage to a protected class and the policy or practice cannot be justified by a legitimate, nondiscriminatory business purpose. Read the article
