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The New Jersey Division on Civil Rights (DCR) recently issued a proposed rule which, if adopted, would codify and set forth the legal standard required in disparate impact claims brought under the New Jersey Law Against...more
In August 2019, the U.S. Department of Housing and Urban Development (HUD) proposed rulemaking that potentially would make it harder to bring disparate impact discrimination claims under the Fair Housing Act. The proposed...more
The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more
The past year saw the lower courts wrestle with the aftermath of the U.S. Supreme Court’s decision in Bank of America Corp. v. City of Miami that, like the Court’s previous ruling in Texas Department of Community Affairs v....more
In recent months, the California Fair Employment and Housing Council (FEHC) has finalized two new sets of regulations that will both go into effect on July 1, 2017. California employers should pay close attention to these new...more
A ruling last week by Massachusetts' highest state court demonstrates courts' vigorous examination of disparate impact housing claims in light of recent judicial guidance, as well as the type of proactive measures property...more
In Bruce Smith, et al. v. City of Boston, Case No. 12-CV-10291 (D. Mass. Nov. 16, 2015), Judge Young of the U.S. District Court for the District of Massachusetts held that the City of Boston Police Department’s (the...more
On June 25, 2015, Justice Kennedy delivered the Supreme Court’s decision in Texas v. Inclusive Communities Project. In the case, the Court determined that the Fair Housing Act of 1968 includes disparate impact claims. Prior...more
Late last month, the Supreme Court handed down a significant decision affecting rights and obligations under the Fair Housing Act. The Court’s 5-4 decision in Texas Department of Housing and Community Affairs v. Inclusive...more
Following the Supreme Court’s decision in Texas Dept. of Housing and Community Affairs v. Inclusive Communities Project, state agencies and real estate developers should carefully consider the effects of their low-income...more
The U.S. Department of Housing and Urban Development (“HUD”) issued a final rule (“Rule”) on February 8, 2013, which provides additional support to potential government and private plaintiffs seeking to challenge “facially...more
The Department of Housing and Urban Development has issued a final rule that provides that if a practice has a "discriminatory effect," HUD or a private plaintiff can establish liability under the Fair Housing Act (FHA), even...more
The U.S. Department of Housing and Urban Development (“HUD”) has finally issued its much-debated disparate impact rule. HUD argues that the rule — which it plans to apply retroactively — is simply a codification of its...more