Sentences with phrase «disparate impact claims»

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.

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.

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.

Pending a much more convincing analysis of employers» employment practices and outcomes, the EEOC will be on the defensive with new disparate impact claims.

But it also means disparate impact claims must pass a reasonable hurdle, because the court recognized many factors go into the decisions that shape our housing markets.

Opponents have long argued that the Fair Housing Act doesn't cover claims based on disparate impact, but the Supreme Court affirmed the validity of disparate impact claims.

Ignoring the statute's clear language, he wrote that the Fair Housing Act does allow for some disparate impact claims.

In its decision last week, the Supreme Court affirmed a circuit court's judgement, holding that disparate impact claims are cognizable under the Fair Housing Act, and are an important component to the Fair Housing Act's role in moving the country toward a more integrated society.

Only where the plaintiff can demonstrate that there is an alternative practice that would serve the defendant's legitimate interest with a less discriminatory effect will a disparate impact claim be established.

What's more, since the decision includes extensive discussion about the many factors that should be considered when looking at a disparate impact claim, the court appears sensitive to the kinds of concerns that were identified by real estate professionals in a working group NAR created several years ago to look at the disparate impact issue.