FOUNDATIONS: DISPARATE IMPACT AND STATISTICAL CONCEPTS 2388 A.
Statistical evidence is crucial in each stage of disparate impact's three-stage analysis: (1) the plaintiff's prima facie demonstration of a policy's disparate impact; (2) the defendant's job-related business necessity defense of the discriminatory policy; and (3) the plaintiff's demonstration of an alternative policy without the same discriminatory impact.
First, disparate impact claims may now be brought against lenders under an additional provision of the FHA.
11) In order to combat these concerns, the Court placed a number of limitations on disparate impact claims.
The district court subsequently said that ICP had established prima facie (accepted as correct unless proved otherwise) evidence of disparate impact.
Recognizing disparate impact under the Fair Housing Act serves to reveal discriminatory intent by permitting plaintiffs to "counteract unconscious prejudices and disguised animus that escape easy classification as disparate treatment.
What does the public--and what do teachers--think of "no disparate impact" disciplinary policies?
No less than 59 percent of teachers oppose "no disparate impact" policies, while only 23 percent are in favor, with 18 percent of teachers taking the neutral position.
Inclusive Communities Project, Justice Anthony Kennedy voted with four other members of the Court to validate the disparate
impact theory, stating in the opinion "The Court acknowledges the Fair Housing Act's continuing role in moving the Nation toward a more integrated society.
also emphasized limitations on the policy, stating that neutrally-applied practices should not fail on disparate
impact grounds unless they are "artificial, arbitrary and unnecessary.
In a six to three decision on June 18, the justices ruled that plaintiffs who show a given housing policy has a disparate
impact on a legally protected class of consumers have standing to sue a lender, even if the lender did not intend for the policy to be discriminatory.
ICP brought both disparate
treatment claims under the Equal Protection clause and 42 U.
The Court of appeal upheld Rosenfeld's pleading of disparate
treatment but not disparate
HUD's defenders point out that a showing of disparate
impact alone doesn't establish liability under the proposed rule.
impact theory, which allows a plaintiff to make out a case of discrimination without proving the defendant's intent to discriminate, (1) has been one of the most controversial and highly debated areas of antidiscrimination law.