MBA submits brief as Supreme Court takes up disparate impact

MBA submits brief as Supreme Court takes up disparate impact

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The U.S. Supreme Court decided to uphold disparate impact liability under the Fair Housing Act, a legal theory that prohibits neutrally-applied practices with a disproportionate impact on minority groups protected by the law, even without proving an intent to discriminate. The 5-4 decision in Texas Department of Housing and Community Affairs v.

MBA submits brief as Supreme Court takes up disparate impact Trey Garrison was a Senior Financial Reporter for HousingWire.com. His body of works are his views and his views alone.

The fate of lending discrimination claims brought under the Fair Housing Act is now in the U.S. Supreme Court’s hands. In response, the Mortgage Bankers Association filed a friend of the court brief.

The reason for the MBA’s direct response is simple: the Supreme Court finally has an actionable case and the appellate jurisdiction to end debate over the legal theory of disparate impact. For a.

In this case, the U.S. Supreme Court ruled that plaintiffs may bring a disparate impact claim under the Age Discrimination in Employment Act (ADEA). Smith and a group of other police department employees-all older than age 40-sued the city and police department of Jackson, Miss., alleging that the department’s salary plan had a disparate.

Smith v. City of Jackson, Mississippi, legal case in which the U.S. Supreme Court on March 30, 2005, held in a 5-3 decision (one justice did not participate) that claims alleging violations of the Age Discrimination in Employment Act of 1967 (ADEA) may be brought on the basis of an adverse disparate impact on a legally protected group, in.

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Teal, the Supreme Court holds that an employer is liable for racial discrimination when any part of its selection process, such as an unvalidated examination or test, has a disparate impact even if the final result of the hiring process is racially balanced. In effect, the Court rejects the "bottom line defense" and makes clear that the fair.

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