Dive Brief:
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A federal judge said Monday the U.S. Department of Housing and Urban Development may not use “disparate impact” claims in determining whether housing-related actions by organizations have discriminated against minorities.
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Disparate impact claims rely on an interpretation of the Fair Housing Act that says an organization doesn’t have to intend to discriminate to be guilty of housing bias.
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The judge ruled that that interpretation “appears to be nothing more than wishful thinking on steroids.”
Dive Insight:
The ruling could be short-lived because the Supreme Court has already agreed to hear a separate disparate impact case. The high court is expected to issue its own ruling by the end of June.
HUD had issued guidelines in 2013 saying that disparate claims -- long in dispute but filed in courts for many years -- were allowable under the housing act. Now the high court will settle the issue.