Last month, the United States Supreme Court affirmed, while narrowing, disparate impact liability under the Fair Housing Act. In the majority’s opinion, Justice Kennedy confirmed that the Fair Housing Act permits disparate impact liability based on the statutory text, the Act’s purpose, and decades of acceptance of disparate impact liability by Congress and lower courts.
AHTCC member Nixon Peabody LLP prepared the below-linked memo discussing the Supreme Court’s decision. Questions should be directed to AHTCC legal counsel Richard Goldstein at 202-585-8000 or rgoldstein@nixonpeabody.com
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