Perspective
Oct. 14, 2014
Are disparate impact claims cognizable under the Fair Housing Act?
The U.S. Supreme Court is considinering whether the FHA's ban on racial discrimination in housing can be violated by someone who does not engage in intentional racial discrimination. By Ralph W. Kasarda
On Oct. 2, the U.S. Supreme Court granted review in Texas Department of Housing and Community Affairs v. The Inclusive Communities Project Inc., 13-1371, to resolve an elusive issue: Are disparate impact claims cognizable under the Fair Housing Act (FHA)? In other words, can the FHA's ban on racial discrimination in housing be violated by someone who does not engage in intentional racial discrimination?
For disparate imp...
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