Last summer the U.S. Supreme Court issued its much-anticipated decision in Texas Department of Housing and Community Affairs v. Inclusive Communities Project,[1] holding that disparate impact discrimination claims are cognizable under the Fair Housing Act (FHA). 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.

Originally published in Law360 - August 19, 2016.