Mr. Marcus has written about limiting the use of disparate impact claims, even though this is a critical method for identifying and addressing discipline policies that may seem neutral but have a discriminatory impact on students of color. (dignityinschools.org)
In Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc., the Court decided that the Fair Housing Act allows for plaintiffs to bring disparate impact claims. (educationnext.org)
The 11th Circuit ruled that job applicants can not bring ADEA disparate impact claims, which are claims alleging a company policy or practice has a disproportionately negative impact on older workers. (agediscriminationinemployment.com)