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Case Detail


Texas Dep’t of Housing & Community Affairs v. The Inclusive Communities Project, Inc.
On June 25, 2015, the U.S. Supreme Court held that the Fair Housing Act (FHA) encompasses liability for otherwise lawful activities that are not motivated by discriminatory intent but that nonetheless result in a “disparate impact” on protected groups. The decision was a setback for WLF, which filed a brief in the case arguing that a plain reading of the FHA leaves no doubt that Congress meant to prohibit only intentional discrimination, not statistically disparate impacts. While allowing for disparate impact liability, the Court limited its reach to those policies that pose “artificial, arbitrary, and unnecessary barriers.” That important qualifier may ultimately determine the outcome of this case on remand. Importantly, the Court also reminded the government and lower federal courts that important constitutional considerations limit the remedies available for disparate impact liability under the FHA.
Case Status:
Loss.
More Information and Downloads:
11/24/2014: Download the Brief
Press Release: WLF Asks High Court to Construe the Fair Housing Act the Way Congress Wrote It, Rejecting Disparate-Impact Liability
Press Release: High Court to Hear Arguments Tomorrow on Whether FHA Covers Disparate-Impact Claims
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