InfoBytes Special Alert: Supreme Court Grants Petition for Writ of Certiorari in Disparate Impact Case


On November 7, 2011, the Supreme Court granted a petition for a writ of certiorari in the case of Magner v. Gallagher, 10-1032, which poses the question of whether disparate impact claims are cognizable under the Fair Housing Act ("FHA").

Under the disparate impact theory of discrimination, a plaintiff can establish "discrimination" based solely on the results of a neutral policy, without having to show any actual intent to discriminate. The seminal disparate impact case is Griggs v. Duke Power, 401 U.S. 424 (1971), in which the Court held that a power company's neutral requirement that all employees have a high school education regardless of whether it was necessary for their job was discriminatory under Title VII because it had a disparate effect on African-Americans.

The Supreme Court has never decided whether the FHA permits plaintiffs to bring claims under a disparate impact theory. To date, 11 of 12 federal courts of appeals have held that the FHA permits disparate impact claims. However, each of these appellate court decisions was based on an analysis of the Supreme Court's then-current Title VII jurisprudence-which the appellate courts interpreted as permitting disparate impact claims-and a conclusion that disparate impact claims are consistent with the purposes of the FHA....

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© BuckleySandler LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.