Discrimination, Race Discrimination, Disparate Impact

FTC Commissioner Claims Agency Creates Favorable Precedent Through Venue Selection

Venable LLP on 9/4/2024

During the dog days of August, the Federal Trade Commission (FTC) brought two complaints against auto companies involving alleged deceptive and discriminatory price advertising....more

HUD Issues Final Rule Redefining the Standard for Fair Housing Disparate Impact Discrimination Claims

Bradley Arant Boult Cummings LLP on 11/17/2020

On Sept. 3, the U.S. Department of Housing and Urban Development (HUD) issued its final rule on the implementation of the Fair Housing Act’s disparate impact standard. The Fair Housing Act (FHA) prohibits discrimination in...more

Unintentional Discrimination? What Every Employer Needs to Know About Disparate Impact Claims

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/23/2018

We all know (or should know) that Title VII of the Civil Rights Act and other discrimination laws prohibit intentional discrimination “because of” protected characteristics like race, age, gender, or disability. We can easily...more

Massachusetts Federal Court Doubles Down On Disparate Impact Ruling Against City Of Boston

Seyfarth Shaw LLP on 8/2/2017

Seyfarth Synopsis: In Smith v. City of Boston, Plaintiffs brought suit against their employer, the City of Boston (the “City”), challenging the City’s police promotional exam from sergeant to lieutenant. Plaintiffs alleged...more

EEOC's Race Discrimination Suit Against Janitorial Company Includes Background Check Allegations

Littler on 7/18/2017

The filing of a new discrimination lawsuit by the Equal Employment Opportunity Commission (EEOC) answers the question whether, after five years of intensive scrutiny, employers can breathe a sigh of relief in terms of...more

HUD Advocates Broad “Disparate Impact” Liability for P&C Insurers

Pullman & Comley, LLC on 10/21/2016

In February 2013, the U.S. Department of Housing and Urban Development adopted a “Discriminatory Effects Rule,” which established liability under the Fair Housing Act for conduct that is otherwise lawful, but which has a...more

District Court Dismisses Disparate Impact Claims in Texas

Ballard Spahr LLP on 9/6/2016

After several years of litigation, the U.S. District Court for the Northern District of Texas recently dismissed disparate impact claims filed against the Texas Department of Housing and Community Affairs (TDHCA) in the fair...more

District Court Dismisses Disparate Impact Claim of Inclusive Communities

Ballard Spahr LLP on 9/2/2016

A federal court in Texas recently dismissed a housing discrimination claim that was based on alleged disparate impact under the Fair Housing Act (FHA), the latest in a series of decisions applying landmark U.S. Supreme Court...more

Northern Texas District Court Dismisses Fair Housing Disparate Impact Claim

Ballard Spahr LLP on 9/1/2016

A federal court in Texas recently dismissed a housing discrimination claim that was based on alleged disparate impact under the Fair Housing Act (FHA), the latest in a series of decisions applying landmark U.S. Supreme Court...more

Do Your Housing Policies Expose You to Liability?

Lowndes on 9/1/2016

The Fair Housing Act prohibits discrimination in housing rental or conditions based upon protected classes, such as race, sex, religion, and, importantly, familial status. In assessing whether a housing provider...more

EEOC Settles Background Check Litigation with BMW, But Also Faces Steep Attorneys’ Fees in Freeman Case

Littler on 9/23/2015

After several high-profile setbacks in disparate impact discrimination lawsuits challenging criminal record screening policies, the EEOC has entered into a settlement (consent decree) in one of its few remaining cases, a...more

Eleventh Circuit Further Widens the Reach of the Fair Housing Act

Baker Donelson on 9/10/2015

The city of Miami brought an action against multiple lenders claiming their practices were discriminatory and in violation of the FHA, resulting in a disproportionate and excessive number of defaults and subsequent...more

Five Surprising Facts About the Inclusive Communities Case

Dorsey & Whitney LLP on 8/26/2015

In the Supreme Court’s recent, landmark decision in Texas Department of Housing & Community Affairs v. Inclusive Communities Project, Inc., 576 U.S. ___, 2015 WL 2473449 (Jun. 25, 2015), the Court held that, while disparate...more

Not-So-Sudden Impact: Insurers Face A New Breed Of Claim Under the Fair Housing Act (Part 3 of 3)

Pullman & Comley, LLC on 8/5/2015

This is the final article of a three-part series about two recent decisions by federal courts in Connecticut and California: Viens v. America Empire Surplus Lines Ins. Co., No. 3:14cv952 (D. Conn. June 23, 2015), and Jones v....more

Latest EEOC Discrimination Suit Targets Employment Exam

Proskauer - Law and the Workplace on 8/4/2015

For years, the Equal Employment Opportunity Commission (“EEOC”) has taken the position that certain employment tests and screening procedures can serve to discriminate against racial and ethnic minorities in violation of...more

Not-So-Sudden Impact: Insurers Face A New Breed Of Claim Under the Fair Housing Act (Part 2 of 3)

Pullman & Comley, LLC on 8/4/2015

This is the second article of a three-part series about two recent decisions by federal courts in Connecticut and California: Viens v. America Empire Surplus Lines Ins. Co., No. 3:14cv952 (D. Conn. June 23, 2015), and Jones...more

Supreme Court Affirms FHA Disparate Impact Claims

Pillsbury Winthrop Shaw Pittman LLP on 7/22/2015

Late last month, the Supreme Court handed down a significant decision affecting rights and obligations under the Fair Housing Act. The Court’s 5-4 decision in Texas Department of Housing and Community Affairs v. Inclusive...more

Auto Finance Company Agrees to Change Dealer Compensation Policy to Settle CFPB and DOJ Fair Lending Claims

Ballard Spahr LLP on 7/17/2015

To resolve charges by the Consumer Federal Protection Bureau (CFPB) and the Department of Justice (DOJ) that it engaged in unlawful discrimination in violation of the Equal Credit Opportunity Act (ECOA), American Honda...more

Plaintiff Seeks to Use Anti-Discrimination Law to Stop Fracking

Stoel Rives LLP on 7/16/2015

On July 14, a complaint was filed in Sacramento County Superior Court against Governor Brown and the Division of Oil, Gas & Geothermal Resources (“DOGGR”) Supervisor Steve Bohlen. The lawsuit claims Governor Brown and...more

The U.S. Supreme Court’s Decision in Texas Department of Housing & Community Affairs v. Inclusive Communities Project, Inc.

Dorsey & Whitney LLP on 7/1/2015

In Texas Department of Housing & Community Affairs v. Inclusive Communities Project, Inc., 576 U.S. ___, 2015 WL 2473449 (Jun. 25, 2015), the U.S. Supreme Court, in a 5-4 decision, held that disparate impact discrimination...more

Discrimination › Race Discrimination › Disparate Impact