News & Analysis as of

Discrimination › Texas Dept of Housing v Inclusive Communities

Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +
Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's race, religion, gender, age, to name a few.  less -
Ballard Spahr LLP

State AGs urge Mulvaney to continue use of disparate impact theory of ECOA liability

Ballard Spahr LLP on

On September 5, 2018 a group of 14 state Attorneys General and the AG for the District of Columbia sent a comment letter to CFPB Acting Director Mick Mulvaney, urging him to refrain from “reexamining the requirements” of the...more

Ballard Spahr LLP

HUD to Seek Comment on Whether Disparate Impact Rule is Consistent With Supreme Court Decision

Ballard Spahr LLP on

The U.S. Department of Housing and Urban Development (HUD) recently announced that it will “formally seek the public’s comment on whether its 2013 Disparate Impact Regulation is consistent with the 2015 U.S. Supreme Court...more

K&L Gates LLP

Inclusive Communities Excluded from Court—Plaintiff Can’t Meet Supreme Court Standard for Disparate-Impact Claims under the Fair...

K&L Gates LLP on

K&L Gates LLP previously observed that the U.S. Supreme Court’s recognition of disparate-impact claims under the Fair Housing Act in Texas Department of Housing & Community Affairs v. The Inclusive Communities Project, Inc....more

Ballard Spahr LLP

District Court Dismisses Disparate Impact Claims in Texas

Ballard Spahr LLP on

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

Ballard Spahr LLP on

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

Ballard Spahr LLP

Northern Texas District Court Dismisses Fair Housing Disparate Impact Claim

Ballard Spahr LLP on

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

Ballard Spahr LLP

Industry trade groups’ renewed challenge to HUD disparate impact rule could yield helpful precedent for ECOA cases

Ballard Spahr LLP on

The D.C. district court recently granted two industry trade associations whose members sell homeowners insurance leave to file an amended complaint in their lawsuit challenging the Fair Housing Act (FHA) disparate impact rule...more

Dorsey & Whitney LLP

Are Disparate Impact Claims Legally Cognizable Under ECOA?

Dorsey & Whitney LLP on

In Texas Dep’t of Housing and Community Affairs v. The Inclusive Communities Project, 135 S. Ct. 2507 (2015), the Supreme Court held that disparate impact claims are legally cognizable under the Fair Housing Act (“FHA”). As a...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

Morrison & Foerster LLP

Financial Services Report, Fall 2015

Morrison & Foerster LLP on

BELTWAY - Straight Out of the Seventh Circuit The Seventh Circuit recently affirmed a lower court’s ruling that the SEC cannot be sued in district court to stop it from bringing an administrative action. Bebo v. SEC, No....more

Dorsey & Whitney LLP

Five Surprising Facts About the Inclusive Communities Case

Dorsey & Whitney LLP on

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

Adams and Reese LLP

Supreme Court Takes on Housing Discrimination

Adams and Reese LLP on

Court rules that actions that disproportionally affect minority groups can support lawsuits under the Fair Housing Act. The U.S. Supreme Court recently ruled that certain actions that adversely affect minorities in poor...more

Fisher Phillips

Beware Of The One-Two Punch Expected In The Fair Housing Law Arena

Fisher Phillips on

The combination of a recent unfavorable Supreme Court decision along with dramatically increased federal funding for fair housing enforcement could spell bad news. Businesses that operate in the housing industry and those...more

Ballard Spahr LLP

ABA seeks supervisory and enforcement standards consistent with Inclusive Communities

Ballard Spahr LLP on

The American Bankers Association has sent a letter to the DOJ, Fed, OCC, FDIC, HUD and CFPB requesting confirmation “in interagency guidance, updated exam procedures, and where appropriate amended regulations that the...more

Pullman & Comley, LLC

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

Pullman & Comley, LLC on

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

Pullman & Comley, LLC

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

Pullman & Comley, LLC on

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

Cohen Seglias Pallas Greenhall & Furman PC

Disparate Impact is Here to Stay: What the Supreme Court's Decision Means for the Multi-Family Industry

Cohen Seglias Pallas Greenhall & Furman PC on

On June 25, 2015, Justice Kennedy delivered the Supreme Court’s decision in Texas v. Inclusive Communities Project. In the case, the Court determined that the Fair Housing Act of 1968 includes disparate impact claims. Prior...more

McNees Wallace & Nurick LLC

Supreme Court Slams The Brakes On Challenge To Disparate Act

McNees Wallace & Nurick LLC on

As of now, the Equal Credit Opportunity Act (ECOA) prohibits dealers from unintentional, or “disparate impact,” discrimination in setting dealer reserves in auto financing. This disparate impact can result from policies or...more

Pillsbury Winthrop Shaw Pittman LLP

Supreme Court Affirms FHA Disparate Impact Claims

Pillsbury Winthrop Shaw Pittman LLP on

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

Ballard Spahr LLP

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

Ballard Spahr LLP on

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

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

Partridge Snow & Hahn LLP

Lending Industry Take Note: Federal Fair Housing Act Provides For Disparate-Impact Liability

Partridge Snow & Hahn LLP on

The status quo stands, to a degree. By a 5-4 vote, the United States Supreme Court has concluded that the federal Fair Housing Act (“FHA”) authorizes lawsuits not just for intentional discrimination, but for conduct taken...more

Franczek P.C.

Court Reaffirms Viability of Disparate Impact Theory in Discrimination Cases

Franczek P.C. on

Last week, the Supreme Court issued its highly anticipated ruling in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc. (Inclusive Communities). For the first time, the Court interpreted...more

Dorsey & Whitney LLP

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

Dorsey & Whitney LLP on

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

Burr & Forman

U.S. Supreme Court Finds Disparate Impact Claims Cognizable Under FHA

Burr & Forman on

This case arose from a dispute regarding where housing for low-income persons should be constructed in Dallas, Texas—that is, whether low-income housing projects that received government tax credits should be built in the...more

29 Results
 / 
View per page
Page: of 2
Next »

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide