News & Analysis as of

Race Discrimination Pleading Standards

Miles & Stockbridge P.C.

Fourth Circuit Holds ‘Series of Hateful Workplace Encounters’ Based on Race Can Create Hostile Working Environment Under Title VII

The U.S. Court of Appeals for the Fourth Circuit has expanded its view of what a hostile work environment looks like and lowered the bar in terms of what a plaintiff must show to sufficiently allege a race-based hostile work...more

Parker Poe Adams & Bernstein LLP

U.S. Supreme Court Says Section 1981 Claims Require ‘But For' Causation

Section 1981 of the Civil Rights Act of 1866 prohibits discrimination on the basis of race in the making of contracts, including employment contracts. Section 1981 is often used by employees suing for race discrimination as...more

Jackson Lewis P.C.

Supreme Court: § 1981 Suits Require Plaintiffs To Show Bias Is ‘But For’ Cause of Injury

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Resolving a split among the federal circuit courts on the issue, the U.S. Supreme Court has decided that a plaintiff bringing suit under 42 U.S.C. § 1981 bears the burden of showing that the plaintiff’s race was a “but for”...more

Ballard Spahr LLP

HUD Seeks Comment on Disparate Impact Rule

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The U.S. Department of Housing and Urban Development (HUD) has issued an advance notice of proposed rulemaking (ANPR) seeking comment on whether its 2013 Disparate Impact Rule (Rule) should be revised in light of the 2015...more

Ballard Spahr LLP

HUD Reconsiders 2013 Disparate Impact Final Rule

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Yesterday, HUD issued an advanced notice of proposed rulemaking requesting public comments to its 2013 Final Rule which implemented the Fair Housing Act’s disparate impact standard. ...more

Ballard Spahr LLP

Housing group announces settlement of FHA lawsuit alleging insurance-related discrimination

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The National Fair Housing Alliance (NFHA) has announced a settlement in its lawsuit against Travelers Indemnity Company in which it alleged that Travelers engaged in discriminatory conduct in violation of the Fair Housing Act...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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Second Circuit Refines Title VII Pleading Standard

The Second Circuit Court of Appeals recently remanded a former employee’s racial discrimination lawsuit brought under Title VII of the Civil Rights Act of 1964. In Littlejohn v. City of New York, No. 14-1395 (August 3, 2015),...more

Proskauer - Law and the Workplace

Second Circuit Clarifies Pleading Standard for Title VII Claims

A Second Circuit panel recently revived a former employee’s racial discrimination suit against New York City, reversing in part the Southern District of New York’s dismissal of her case. In Littlejohn v. City of New York,...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

Holland & Knight LLP

Fair Housing Act Prohibits Policies and Practices Causing a Disparate Impact - Housing Policies and Practices Must Be "Necessary...

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On June 25, 2015, the U.S. Supreme Court held that individuals and groups can challenge housing policies or practices that have a disproportionate adverse effect on protected classes (i.e., a disparate impact) – even if there...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Texas Department of Housing & Community Affairs v. The Inclusive Communities Project, Inc.

On June 25, 2015, the U.S. Supreme Court decided Texas Department of Housing & Community Affairs v. The Inclusive Communities Project, Inc., No. 13-1371, holding that a disparate-impact claim is cognizable under the Fair...more

McGuireWoods LLP

Supreme Court Upholds Use of Disparate Impact in FHA Claims

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In a decision certain to have major repercussions for the banking industry, the Supreme Court on Thursday upheld the use of disparate impact theories of liability – that is, suits that claim a law or practice has a...more

Bradley Arant Boult Cummings LLP

US Supreme Court Upholds Use of Disparate Impact Claims in Fair Lending Enforcement

The US Supreme Court finally weighed in today on whether the disparate impact theory may be used to prove housing discrimination and ruled that such claims are viable under the Fair Housing Act (FHA), 42 U.S.C. §§ 3601 et...more

Ballard Spahr LLP

In 5-4 Decision, U.S. Supreme Court Recognizes Disparate Impact Liability Under the Fair Housing Act

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The U.S. Supreme Court held today that disparate impact claims are cognizable under the Fair Housing Act (FHA), in a 5-4 opinion authored by Justice Kennedy. He was joined by Justices Ginsburg, Breyer, Sotomayor, and Kagan....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Virgin Islands Supreme Court Issues Important Decision for Employers

On February 6, 2015, the Supreme Court of the Virgin Islands issued a decision that addresses several aspects of territorial laws prohibiting discrimination and limiting the permissible reasons for discharging employees....more

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