Disparate Impact

Equal Protection Claims Concerning Disparate Enforcement of Environmental Laws Remain an Uphill Battle

by Seth Jaffe | Foley Hoag LLP - Environmental Law on 4/17/2013

In 2000, in its 2-page per curiam opinion in Village of Willowbrook v. Olech, the Supreme Court gave hope to developers and property owners that the equal protection clause could be used to prevent local zoning and...more

American Bankers Association Real Estate Lending Conference - Qualified Mortgages: A Sea Change For Mortgage Lenders

by Robert H. Ledig, Thomas P. Vartanian | Dechert LLP on 4/16/2013

In This Presentation: - The Qualified Mortgage (QM) Rule - Small Creditor QM Proposal - The Ability-to-Repay (ATR) Rule: What It Says and What It Means - Liability for Failure to Comply with the ATR and QM...more

The Ropes Recap: Mergers & Acquisitions Law News

In this issue: *News from the Courts - Refinement re “Don’t Ask, Don’t Waive” Standstill Agreements - Proposed Delaware “Medium-Form Merger” To Create an Alternative to Top-Up Options - Court Rejects...more

CFPB Announces Plans to Hold Auto Lenders Liable for Discriminatory Loans

by Michael Mallow, Michael Thurman | Loeb & Loeb LLP on 4/3/2013

The Consumer Financial Protection Bureau issued a guidance bulletin announcing that it will treat indirect auto lenders as creditors subject to the Equal Credit Opportunity Act (ECOA). The March 21 bulletin follows the CFPB's...more

Auto finance: can we really call disparate impact “discrimination”?

by Christopher J. Willis | Ballard Spahr LLP on 4/1/2013

I want to thank Jeff Sovern over at the Public Citizen Consumer Law & Policy Blog for having an interesting back-and-forth with me over the last week about the application of the disparate impact theory of liability to dealer...more

How the CFPB’s stance on ECOA in auto finance will raise consumer prices

by Christopher J. Willis | Ballard Spahr LLP on 3/28/2013

Ever since the CFPB’s release of its bulletin relating to disparate impact analysis of dealer rate participation last week, the press and consumer advocacy groups have been buzzing about the Bureau’s stance and its potential...more

New Study Claims Mortgage Lenders Discriminate Against Women

by BuckleySandler LLP on 3/22/2013

On March 12, the Chicago-based Woodstock Institute released research claiming that mortgage lenders discriminate against female applicants. The research is presented in a “fact sheet” and previews a longer report the group...more

New York City Passes Legislation Prohibiting Employers From Discriminating Against The Unemployed

by Anna Vikse | Cullen and Dykman LLP on 3/18/2013

Effective June 11, 2013, employers in New York City will be prohibited from basing an employment decision with regard to hiring, compensation or the terms and conditions of employment on the fact that an applicant is...more

HUD Final Rule on Disparate Impact under the Fair Housing Act

by Melanie Brody, Andrew C. Glass, Paul Hancock, Tori K. Shinohara | K&L Gates LLP on 3/13/2013

On February 8, 2013, the Department of Housing and Urban Development (“HUD” or the “Department”) finalized its controversial discriminatory effects rule (the “final rule” or “discriminatory effects rule”), thus formalizing...more

Texas Bank Settles Hispanic Discrimination Suit

by Michele Bowman | Lawyers.com on 2/27/2013

The Department of Justice on Feb. 19 announced that Texas Champion Bank has agreed to pay $700,000 to settle allegations that it discriminated against Hispanics who applied for loans with the bank....more

The CFPB Stretches ECOA Past the Breaking Point with Auto Finance

by Christopher J. Willis | Ballard Spahr LLP on 2/22/2013

In a story released last night, Carter Dougherty at Bloomberg reports that the CFPB has warned “at least four banks” that it may take enforcement action against them under ECOA, alleging that a “policy” of “allowing” dealers...more

HUD's Final Rule on Fair Housing Act Liability Explained in New Dechert OnPoint

by Laurie Nelson | Dechert LLP on 2/22/2013

February has certainly been a big month for federal agencies to issue long-awaited final rules. The latest agency to throw its hat into the ring is the U.S. Department of Housing and Urban Development, which recently codified...more

Sixth Circuit Further Defines Requirements of Commonality Under Dukes; Distinguishes Seventh Circuit Case Relaxing Those...

by Elizabeth Braverman, Rodger Eckelberry | BakerHostetler on 2/21/2013

In a recent case, Miller v. Countrywide Bank (In re Countrywide Financial Corp. Mortgage Lending Practices Litigation), — F.3d —, No. 12-5250, 2013 U.S. App. LEXIS 924 (6th Cir. Jan. 15, 2013), the Sixth Circuit provided more...more

DOJ Settles Another ‘Pattern or Practice’ Fair Lending Case

by Richard J. Andreano, Jr., John L. Culhane, Jr., Alan S. Kaplinsky, Christopher J. Willis | Ballard Spahr LLP on 2/21/2013

The U.S. Department of Justice (DOJ) recently settled a fair lending lawsuit against Texas Champion Bank. This means that, once again, a DOJ attempt to use disparate impact evidence to establish that a lender engaged in a...more

Special Alert: HUD Issues Final Disparate Impact Rule

by BuckleySandler LLP on 2/19/2013

On February 8, HUD issued a final rule authorizing so-called “disparate impact” or “effects test” claims under the Fair Housing Act. The rule provides support for private or governmental plaintiffs challenging housing or...more

U.S. Department of Housing and Urban Development Issues Final Rule Affirming Use of Disparate Impact to Establish Liability for...

by Patrick D. Dolan, Robert H. Ledig, Ralph R. Mazzeo, Thomas P. Vartanian | Dechert LLP on 2/15/2013

The U.S. Department of Housing and Urban Development (“HUD”) issued a final rule (“Rule”) on February 8, 2013, which provides additional support to potential government and private plaintiffs seeking to challenge “facially...more

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Equal Protection Claims Concerning Disparate Enforcement of Environmental Laws Remain an Uphill Battle

American Bankers Association Real Estate Lending Conference - Qualified Mortgages: A Sea Change For Mortgage Lenders

The Ropes Recap: Mergers & Acquisitions Law News

CFPB Announces Plans to Hold Auto Lenders Liable for Discriminatory Loans

Auto finance: can we really call disparate impact “discrimination”?

How the CFPB’s stance on ECOA in auto finance will raise consumer prices

New Study Claims Mortgage Lenders Discriminate Against Women

New York City Passes Legislation Prohibiting Employers From Discriminating Against The Unemployed

HUD Final Rule on Disparate Impact under the Fair Housing Act

Texas Bank Settles Hispanic Discrimination Suit

The CFPB Stretches ECOA Past the Breaking Point with Auto Finance

HUD's Final Rule on Fair Housing Act Liability Explained in New Dechert OnPoint

Sixth Circuit Further Defines Requirements of Commonality Under Dukes; Distinguishes Seventh Circuit Case Relaxing Those...

DOJ Settles Another ‘Pattern or Practice’ Fair Lending Case

Special Alert: HUD Issues Final Disparate Impact Rule

U.S. Department of Housing and Urban Development Issues Final Rule Affirming Use of Disparate Impact to Establish Liability for...

CFPB’s ECOA disparate impact test finds support in HUD’s FHA “Discriminatory Effects” final rule

HUD Issues Final ‘Discriminatory Effects’ Rule

HUD Issues Aggressive New Fair Housing Rule

InfoBytes Special Alert: HUD Issues Final Disparate Impact Rule

Tenth Circuit Affirms Refusal To Certify Sex Discrimination Class

Will Mt Holly take a dive just like St. Paul?

Can ‘Disparate Impact’ Become the Basis for a Fair-Lending Claim?

Better Double Check Your Use Of Credit Checks

Expand Your Reach