Well, in the opinion of this author, we’ve moved yet another step closer to hell. Today the Supreme Court ruled that Disparate Impact lawsuits for discrimination can move forward and are part of the fair housing acts enacted in the 1960s. This is a HUGE expansion of fair housing and I’m not really sure it can be defined. And that is what make me nervous.
I am all for the seven protected classes that fair housing protects. No question. And we are very careful to not violate those classes. But now the definition of discrimination has grown so broad that I don’t know when we’ll be discriminating and when we wont.
See this link for an example.
Here is the important paragraph:
A “disparate impact” arises when a practice produces different effects across racial groups, even if the practice wasn’t racially motivated. For instance, if a mortgage lender establishes borrowing standards based on income and net worth, and some racial groups are less likely than others to qualify for loans under those standards, this could result in a disparate impact