Vox - The [housing] question the Supreme Court considered was this: Can people
who complain of housing discrimination continue to win their cases by
using statistics showing the effect of the policies —
a tactic known as the disparate impact theory, a staple of fair housing
law — or will they have to do something much more difficult and prove
that defendants intended to discriminate?
In the majority opinion,
written by Justice Kennedy and joined by Justices Breyer, Sotomayor,
and Kagan, the court decided that the disparate impact claims are still
allowed under the Fair Housing Act, explaining, "The FHA contains
the phrase 'because of race,' but Title VII and the ADEA also contain
that wording and this Court nonetheless held that those statutes impose
disparate-impact liability." The decision also said, "Recognition
of disparate-impact claims is also consistent with the central purpose
of the FHA, which … was enacted to eradicate discriminatory practices
within a sector of the Nation's economy."
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