High Court Says Black Firefighter Lawsuit Can Proceed

WASHINGTON, D.C. – (AP) The Supreme Court ruled Monday that a group of African Americans did not wait too long to sue Chicago over a hiring test they challenged as discriminatory, freeing them to further press their case. It is the second time in as many years that the high court. . . . Full version...

Sandler and Prieto on U.S. v. NARA Bank

By Andrew L. Sandler and Liana R. Prieto, Attorneys, BuckleySandler LLP “The Department of Justice has promised increased vigor in pursuing fair lending generally, and specifically with respect to allegations of racial discrimination in loan pricing,” write Andrew L. Sandler and Liana...

Uneven Discipline May Mean Big Headaches and Bigger Lawsuits

A longtime employee of the Secretary of State's office in Illinois claimed that two white managers targeted him for termination because he is black, and two white employees, one of whom was his supervisor, received lesser discipline even though they had engaged in the same alleged misconduct. ...

Third Circuit: Disparate Impact of Newark, NJ’s Residency Requirement

In Meditz v. City of Newark (PDF) [ an enhanced version of this opinion is available to lexis.com subscribers ], the Third Circuit concluded that the City of Newark, New Jersey's residency requirement may have unlawful disparate impact on non-Hispanic white applicants. The case was brought Gregory...

Sutherland Legal Alert: Supreme Court to Decide Fair Housing Act “Disparate Impact” Case with Broader Fair Lending Implications

By Tom Byrne , Valerie Sanders , and Dan Schlueter On Monday, the U.S. Supreme Court agreed to decide whether "disparate impact" discrimination claims are cognizable under the federal Fair Housing Act (FHA) and, if so, how such claims should be analyzed. The Court's decision, expected...

BuckleySandler LLP:HUD Issues Proposed Disparate Impact Rule

Excerpted from Infobytes , a weekly electronic newsletter on developments in financial services law from BuckleySandler LLP . For the full issue of Infobytes , click here: http://www.buckleysandler.com/infobyte-detail/infobytes-november-11-2011 On November 15, the U.S. Depart hment of Housing and...

Ballard Spahr LLP: Dismissal of Fair Housing Case Perpetuates Uncertainty on Disparate Impact Claims

By the Consumer Financial Services Group On February 10, the parties to Magner v. Gallagher agreed to the dismissal of the case before the U.S. Supreme Court, after all briefing was complete and less than three weeks before the scheduled oral argument. The dismissal of the case means that an important...

Ballard Spahr LLP: DOJ’s Fair Lending Case Conflates Disparate Treatment and Disparate Impact Claims

By members of the Consumer Financial Services Group In its latest fair lending lawsuit, the Department of Justice appears to be dodging an important legal question that the U.S. Supreme Court was poised to answer this term, but never did due to the dismissal of the case by the parties. The question...

Foley & Lardner: EEOC's Credit Screening Loss Is Not Necessarily an Employer's Win

On January 28, 2013, a federal court in Ohio handed the EEOC a loss when it ruled in favor of several employers for their use of a third party to perform credit checks on candidates for hire. The EEOC claimed that the employers' use of credit histories in making hiring decisions violates certain...

After Settlement of Housing Discrimination Disparate Impact Claim, Federal Efforts to Reform Auto Lending Based on Disparate Impact Theory Gain Steam

By David N. Anthony , John C. Lynch , Alan D. Wingfield , Michael E. Lacy , Paige S. Fitzgerald , and Nicholas R. Klaiber Few U.S. Supreme Court consumer protection cases over the past year were as closely watched and anxiously anticipated as Mount Holly v. Mt. Holly Gardens Citizens in Action...

Disparate Impact to Supreme Court Again?

By Michael W. Skojec, Bryan J. Harrison, Christopher J. Willis, and John L. Culhane, Jr. Yet another Fair Housing Act disparate impact case may find its way to the U.S. Supreme Court. After losing on appeal at the Fifth Circuit in March, the Texas Department of Housing and Community Affairs (Texas...

Third Time's the Charm? Supreme Court Agrees Again To Hear FHA Disparate Impact Case

By Michael W. Skojec, Sharon Wilson Géno, Bryan J. Harrison, Christopher J. Willis, John L. Culhane, Jr., and Peter N. Cubita The U.S. Supreme Court has agreed for the third time in recent history to decide whether disparate impact claims are cognizable under the Fair Housing Act (FHA)....