News & Analysis as of May 30, 2025

Title VII

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

Disparate Impact Liability Under Fire

Epstein Becker & Green on 5/13/2025

On Wednesday, April 23, 2025, President Trump signed EO 14281, titled Restoring Equality of Opportunity and Meritocracy (EO), stating a new Trump Administration policy “to eliminate the use of disparate-impact liability in...more

Disparate Impact Executive Order and HUD to Reconsider Disparate Impact Rule

Ballard Spahr LLP on 5/5/2025

President Trump recently signed an Executive Order entitled “Restoring Equality of Opportunity and Meritocracy“ to eliminate the use of disparate impact liability. The U.S. Department of Housing and Urban Development (HUD)...more

Job Relatedness and Adverse Impact: What's Legal and What's Not

DCI Consulting on 4/2/2025

The concept of adverse impact under Title VII of the Civil Rights Act (Title VII) is widely misunderstood. Adverse impact occurs when a seemingly neutral employment practice disproportionately (i.e. statistically) screens out...more

Big Data Can Lead to Big Legal Problems For Companies

Morrison & Foerster LLP - Social Media on 6/6/2016

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

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

Ballard Spahr LLP on 4/26/2016

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

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

Dorsey & Whitney LLP on 3/9/2016

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

First Circuit Withdraws Earlier Opinion in Location-Based Discrimination Case; Issues Less Expansive Amended Opinion

Mintz - Employment, Labor & Benefits... on 12/5/2015

In August, we wrote about the First Circuit Court of Appeals’ decision in Abril-Rivera v. Johnson, which affirmed a lower court ruling dismissing location-based discrimination and retaliation claims against FEMA. Last week,...more

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

Carlton Fields on 10/6/2015

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

Two Months after Same-Sex Marriages Held Constitutional, Where are the Courts Headed on the Unanswered Questions?

Baker Donelson on 8/21/2015

On June 26, 2015, the United States Supreme Court issued its monumental decision in Obergefell, et al. v. Hodges, et al.; Case No. 14-556, holding that state bans of same-sex marriages are unconstitutional. Specifically, the...more

First Circuit Says Plaintiffs Cannot Prevail on Location-Based Discrimination Claims Based on a Disparate Impact Theory

Mintz - Employment, Labor & Benefits... on 8/11/2015

Recently, the First Circuit Court of Appeals held that former employees of a FEMA call center could not proceed in their Title VII location-based disparate impact and retaliation claims against the agency. The case,...more

Big Decisions: The 2014-15 U.S. Supreme Court Term in Review

Faegre Drinker Biddle & Reath LLP on 8/10/2015

The 2014-15 United States Supreme Court term featured a number of significant cases to the business community. The Faegre Baker Daniels appellate advocacy group is committed to helping our clients understand the Court’s...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

Supremes Expand Liability Under FHA

Baker Donelson on 7/15/2015

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

Supreme Court Upholds Broad Interpretation of FHA

BakerHostetler on 7/7/2015

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

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

Seyfarth Shaw LLP on 7/6/2015

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

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

Partridge Snow & Hahn LLP on 7/2/2015

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

Court Reaffirms Viability of Disparate Impact Theory in Discrimination Cases

Franczek P.C. on 7/1/2015

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

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

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Supreme Court of the United States › Disparate Impact › Title VII

Disparate Impact Liability Under Fire

Disparate Impact Executive Order and HUD to Reconsider Disparate Impact Rule

Job Relatedness and Adverse Impact: What's Legal and What's Not

Big Data Can Lead to Big Legal Problems For Companies

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

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

First Circuit Withdraws Earlier Opinion in Location-Based Discrimination Case; Issues Less Expansive Amended Opinion

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

Two Months after Same-Sex Marriages Held Constitutional, Where are the Courts Headed on the Unanswered Questions?

First Circuit Says Plaintiffs Cannot Prevail on Location-Based Discrimination Claims Based on a Disparate Impact Theory

Big Decisions: The 2014-15 U.S. Supreme Court Term in Review

Supreme Court Affirms FHA Disparate Impact Claims

Supremes Expand Liability Under FHA

Supreme Court Upholds Broad Interpretation of FHA

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

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

Court Reaffirms Viability of Disparate Impact Theory in Discrimination Cases

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

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

Fair Housing Disparate Impact Claims Survive SCOTUS Challenge

Disparate Impact Doctrine Survives Supreme Court Review

Housing Discrimination Claims Given Boost By Supreme Court

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

Supreme Court Upholds Use of Disparate Impact in FHA Claims

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

Supreme Court of the United States › Disparate Impact › Title VII

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