This year the Supreme Court had agreed to resolve a fundamental question about the Fair Housing Act that it has never answered: Can you be found guilty of racial discrimination if you have not engaged in racial discrimination? Suppose, for example, that the owner of an apartment complex decides that she does not want to rent units to individuals who have been convicted of drug offenses. She makes that decision without regard to race, her policy on its face does not treat people differently because of race, and indeed she enforces it in an evenhanded way, so that it applies equally to …
Disparate Impact Insanity
In case you missed it, on February 26 I had an op-ed in the Wall Street Journal titled “How Not To Fight Discrimination.” Here it is: Welcome to the era of “disparate impact.” The Obama administration this month issued regulations formally adopting the “disparate impact” approach to its enforcement of the Fair Housing Act, the 1968 law designed to protect buyers and renters from discrimination (racial and otherwise). This approach is increasingly becoming standard in housing and every area of the law. Related posts: The Center for Equal Opportunity on “Disparate Impact” at Cato Disparate Impact Delenda Est TESTIMONY OF …
The (Illegitimate) Elephant in the Room
“Quid Pro Quota” is the apt title of an editorial this month in the Wall Street Journal (behind the paywall here). Here’s the story: Earlier this year, the Supreme Court was poised to hear oral arguments in the fully briefed Magner v. Gallagher, a case presenting the issue of whether a “disparate impact” cause of action may be brought under the Fair Housing Act. Related posts: TESTIMONY OF ROGER CLEGG, PRESIDENT AND GENERAL COUNSEL, CENTER FOR EQUAL OPPORTUNITY BEFORE THE U.S. COMMISSION ON CIVIL RIGHTS REGARDING THE PROPOSED EMPLOYMENT NON-DISCRIMINATION ACT The Center for Equal Opportunity on “Disparate Impact” at …
Happy Thanksgiving, and more
First of all, a Happy Thanksgiving to you and yours from the Center for Equal Opportunity! We at CEO have much to be thankful for this year, and that certainly includes supporters like you. One thing we would not put on our most-thankful-for list, however, is wacky interpretations of the civil-rights laws. Speaking of which … The Supreme Court granted review earlier this month in Magner v. Gallagher, which presents the question whether a “disparate impact” cause of action can be brought under the Fair Housing Act. Such lawsuits would allow plaintiffs to challenge housing-related practices that lead to disproportionate …
Title VI Can’t Be Used to Ban “Disparate Impact”
Title VI Can’t Be Used to Ban “Disparate Impact” Related posts: The Center for Equal Opportunity on “Disparate Impact” at Cato Disparate Impact Delenda Est “Disparate Impact” at Harvard Law School Disparate Impact Insanity