LexisNexis® Legal Newsroom
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...

10 Lessons from the EEOC's Spanking in the Freeman "Disparate Impact" Case

Has the EEOC ever read this book ? Maybe we should send them a copy. By now, you have probably heard about the latest spanking administered by the Honorable Roger W. Titus, U.S. District Court Judge for the District of Maryland, to the U.S. Equal Employment Opportunity Commission -- in a criminal...

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)....

Supreme Court Upholds Disparate Impact: What are the Practical Consequences for Mortgage Lenders?

By J.P. McGuire Boyd, Jr. , Alan B. Clark & Camden R. Webb The Supreme Court has held that disparate impact claims are valid under the federal Fair Housing Act (the “FHA”). In essence, this means that liability under the FHA can be proven by showing discriminatory effects of challenged...

Inclusive Communities: Supreme Court Recognizes Disparate-Impact Claims Under FHA – Implications for Property Insurers

By Kathleen A. Birrane , David D. Luce , and Peter S. Rice By a five-to-four margin, the Supreme Court of the United States has held that “disparate-impact claims are cognizable under the Fair Housing Act.” Texas Dep’t of Hous. & Cmty. Affairs v. Inclusive Cmtys. Project,...

Supreme Court Slams The Brakes On Challenge To Disparate Act

By Donald Kaufman and Emily Hart* As of now, the Equal Credit Opportunity Act (ECOA) prohibits dealers from unintentional, or “disparate impact,” discrimination in setting dealer reserves in auto financing. This disparate impact can result from policies or practices which have disproportionately...

SCOTUS Recognizes Disparate Impact Liability Under Fair Housing Act, But With Limitations

Fair Housing Advocates Get Major Victory at U.S. Supreme Court While everyone in America was focused on the U.S. Supreme Court’s historic marriage equality ruling, at the end of its Term, the Court also issued an important opinion under federal Fair Housing law. In a 5-4 margin, the Court, ...

The Lessons of EEOC v. Freeman – “Know When to Hold ’Em. Know When to Fold ’Em.”

I was going to skip past this opinion from the District of Maryland until I realized that it started with a reference to a classic country song and, therefore, it immediately moved up my list and became worthy of a closer read. World-renowned poker expert Kenny Rogers once sagely advised, “You’ve...