The U.S. Supreme Court, in a recent 5-4 decision held that disparate-impact-based discrimination claims are within the jurisdiction of the court and fall under the Fair Housing Act. The National Law Review recently posted an analysis of that decision that found it:
“…potentially exposes financial institutions to a higher degree of risk and scrutiny of their lending programs, policies and procedures by regulatory agencies and potential private sector plaintiffs, even though the decision is consistent with the position taken by the Department of Housing and Urban Development (“HUD”) in its regulations issued in 2013 and with a series of Federal Courts of Appeals cases from the 1970s and 1980s.”
Read the full article at, Fair Housing Act and Disparate-Impact – Is There a Bit of a Silver Lining in the Dark Cloud of a Recent U.S. Supreme Court Decision?, 8/13/15 The National Law Review
