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Fair Housing Act (FHA) Title VII

Ballard Spahr LLP

HUD Acting Assistant Secretary issues directive to enforce FHA to prohibit sexual orientation discrimination: What are the...

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Last week, HUD’s Acting Assistant Director for Fair Housing and Equal Opportunity issued a memorandum directing HUD’s Office of Fair Housing and Equal Opportunity to take a series of actions “to administer and fully enforce...more

Whitman Legal Solutions, LLC

HUD Says LGBTQ Individuals Protected Under Fair Housing Act

Last year, in Fair Housing Act Prohibits LGBTQ Discrimination, I discussed a related topic: challenges transgender opera singers face in navigating vocal ranges during and after their transition. That article discussed the...more

ArentFox Schiff

Joe Biden: Not Just President but Super-Superintendent of Insurance?

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In addition to dramatically changing the policies of former President Trump on the pandemic, the economy, immigration, and other key issues, the Biden Administration is likely to substantially increase the federal...more

Obermayer Rebmann Maxwell & Hippel LLP

Equality on the Horizon: Anticipated Changes for LGBTQ Rights in a Biden Presidency

Third in a Series of Blogs Regarding the Presidential Transition - In a recent interview with the Philadelphia Gay News, Joe Biden vowed to make enactment of the Equality Act a legislative priority within his first 100...more

Whitman Legal Solutions, LLC

Fair Housing Act Prohibits LGBTQ Discrimination

Earlier this year, in Bostock v. Clayton County, Georgia, the U.S. Supreme Court held that discrimination against LGBTQ individuals violates Title VII of the Civil Rights Act. Bostock is a landmark decision that will...more

Fox Rothschild LLP

Supreme Court Expands Employment Anti-Discrimination Laws To Protect The LGBTQ Community. Fair Housing Is Likely Next.

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In a decision which will likely expand the scope of the federal Fair Housing Act (FHA) by analogy, the U.S. Supreme Court concluded earlier today that a 1960’s era civil rights statute protects gay and transgender workers. By...more

Fox Rothschild LLP

Supreme Court To Answer Question If Sexual Orientation Is Covered Under The Civil Rights Laws

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In a series of three cases accepted for review earlier today, the U.S. Supreme Court will likely answer a question in 2020 that will likely impact our federal Fair Housing Act (FHA) and how one of its protected classes –...more

Amundsen Davis LLC

Assisted Living Facilities, Beware: Fair Housing Act May Soon Knock At Your Door

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The Seventh Circuit Court of Appeals recently held that the federal Fair Housing Act (FHA) not only creates liability when a landlord intentionally discriminates against a tenant based on a protected characteristic; it also...more

Bradley Arant Boult Cummings LLP

Federal Appeals Court Holds that Landlord May Be Liable for Deliberate Indifference to Tenant-on-Tenant Discrimination

The United States Court of Appeals for the Seventh Circuit recently addressed a matter of first impression regarding landlord liability under the Fair Housing Act (FHA): whether a landlord may be liable under the FHA for...more

Amundsen Davis LLC

Colorado District Court Issues Landmark Decision Holding that the Fair Housing Act Prohibits Discrimination Based on Sexual...

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In a recent landmark decision, Colorado District Court Judge Raymond Moore ruled that the Federal Fair Housing Act’s prohibition against housing discrimination includes discrimination against LGBT people. The decision was...more

Clark Hill PLC

HUD Issues Final Rule on Unlawful Hostile Environment and Quid Pro Quo Harassment

Clark Hill PLC on

On September 14, 2016, the Department of Housing and Urban Development ("HUD") issued a final rule, "Quid Pro Quo and Hostile Environment Harassment and Liability for Discriminatory Housing Practices under the Fair Housing...more

Ballard Spahr LLP

District Court Dismisses Disparate Impact Claims in Texas

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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

Ballard Spahr LLP

District Court Dismisses Disparate Impact Claim of Inclusive Communities

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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

K&L Gates LLP

HUD’s Approach to Disparate Impact Remains Under Fire—Lending Trade Associations Weigh In

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K&L Gates LLP recently presented the views of the major banking and lending trade associations, as amici curiae, in a federal challenge to HUD’s Fair Housing Act disparate-impact rule. The views expressed are those of the...more

Dorsey & Whitney LLP

Banks Appeal Fair Housing Act Case to Supreme Court

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In September 2015, the Eleventh Circuit ruled that the City of Miami had sufficient standing to sue Bank of America and Wells Fargo over lending practices that were alleged to be racially discriminatory. On June 28, 2016,...more

Morrison & Foerster LLP - Social Media

Big Data Can Lead to Big Legal Problems For Companies

Deluged with an unprecedented amount of information available for analysis, companies in just about every industry are discovering increasingly sophisticated ways to make market observations, predictions and evaluations. Big...more

K&L Gates LLP

Not Starry-Eyed: Massachusetts Imposes Rigorous Standard on Fair Housing Disparate Impact Claims in Burbank Apartments

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The Massachusetts Supreme Judicial Court (“SJC”) recently answered the question of whether the Massachusetts anti-discrimination statute Chapter 151B recognizes a disparate impact theory of discrimination. In Burbank...more

Ballard Spahr LLP

Massachusetts High Court Examines Disparate Impact Theory in Light of Recent Supreme Court Decision

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A ruling last week by Massachusetts' highest state court demonstrates courts' vigorous examination of disparate impact housing claims in light of recent judicial guidance, as well as the type of proactive measures property...more

Dorsey & Whitney LLP

Update on the U.S. Supreme Court’s Inclusive Communities Decision

Dorsey & Whitney LLP on

As previously reported on this blog, the U.S. Supreme Court’s decision in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc., 135 S. Ct. 2507 (2015) adopted a burden-shifting approach to...more

Ballard Spahr LLP

HUD Proposes to "Formalize" Definitions of Harassment and Expand Fair Housing Act Liability

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The U.S. Department of Housing and Urban Development (HUD) has released a proposed rule that aims to "formalize standards for use in investigations and adjudications involving alleged harassment on the basis of race, color,...more

Carlton Fields

U.S. Supreme Court Allows Disparate-Impact Claims Under Fair Housing Act

Carlton Fields on

In a recent holding, the U.S. Supreme Court determined that discrimination claims under the Fair Housing Act (FHA) may be premised on "disparate impact," meaning that a plaintiff may challenge a practice even if it was not...more

Pillsbury Winthrop Shaw Pittman LLP

Supreme Court Affirms FHA Disparate Impact Claims

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

Baker Donelson

Supremes Expand Liability Under FHA

Baker Donelson on

On June 25, 2015, the Supreme Court of the United States, by a margin of 5-4, held that disparate impact claims are cognizable under the Fair Housing Act. Texas Department of Housing and Community Affairs v. The Inclusive...more

BakerHostetler

Supreme Court Upholds Broad Interpretation of FHA

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In a 5-4 decision, the Supreme Court ruled that disparate impact claims can be brought under the Fair Housing Act (“FHA”). Disparate impact claims attack policies or practices that are facially neutral but have a...more

Seyfarth Shaw LLP

U.S. Supreme Court Issues Ruling Favorable To Employers Involved In Disparate-Impact Litigation

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On June 25, 2015, the U.S. Supreme Court issued a 5 to 4 ruling in Texas Dep’t of Housing & Community Affairs v. Inclusive Communities Project, Inc., No. 13-1371 (2015). Now that the dust has settled from the Supreme Court’s...more

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