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5B. Disparate Impact and Fair Housing Enforcement Post-Inclusive Communities Project

For decades, disparate impact theory under the Fair Housing Act has been a powerful weapon to combat discriminatory housing practices where intent is not present or immediately obvious. In June 2015, disparate impact survived an existential threat at the U.S. Supreme Court. Justice Kennedy’s opinion in Texas Department of Housing and Community Affairs v. Inclusive Communities Project affirmed the validity of disparate impact, as the Court acknowledged that this theory is “consistent with the FHA’s central purpose.” This workshop, intended to be interactive, will examine the decision itself, discuss its immediate impact, and include a conversation with the audience about the future of disparate impact litigation post-ICP.

Disparate Impact PPT

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