Disparate Impact Claims: Recent Case History and Application for Fair Housing Claims

On June 25, 2015, the Supreme Court, by a five-to-four margin, ruled that a disparate impact claim was cognizable under the Fair Housing Act. While upholding disparate impact theory, the Court imposed significant limitations on its application in practice “to protect potential defendants against abusive disparate-impact claims.” In particular, the Court held that a racial imbalance, without more, cannot sustain a claim, and directed lower courts to “examine with care” the claims at the pleadings stage. This panel addressed the history of this case and other laws affecting housing discrimination claims and how they now form the basis for Fair Housing claims and defenses to them.

MODERATOR: Joy Willig, Jones Walker, NYC

PANEL:

Cashauna Hill, Executive Director, Greater New Orleans Fair Housing Action Center, NOLA;

Antoinette “Toni” Jackson, Jones Walker, Houston;

Laura Tuggle, Executive Director, Southeast Louisiana Legal Services, NOLA.