Oral argument held in Shea v. Kerry

On Tuesday of this week I was in Washington, D.C. arguing Shea v. Kerry before the D.C. Circuit Court of Appeals.  This case involves a challenge to the State Department’s discriminatory affirmative action program for Foreign Service officers.  The facts of … Continue reading

Sacramento Bee publishes PLF op-ed on disparate impact and the Fair Housing Act

Today’s Sacramento Bee carries this op-ed by PLF attorneys Ralph Kasarda and Wen Fa on Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, the Supreme Court case on whether disparate impact claims are cognizable under the … Continue reading

The third case is the charm for contested disparate impact oral argument

PLF’s Todd Gaziano, Executive Director of PLF’s DC Center and Senior Fellow in Constitutional Law, attended the oral argument at the U.S. Supreme Court today in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc.  The important … Continue reading

Supreme Court hears oral argument on Fair Housing Act and disparate impact

Today the Supreme Court heard oral argument in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc., to determine whether the Fair Housing Act encompasses claims for disparate impact.  Attorneys for PLF filed a brief in that … Continue reading

Supreme Court to hear oral argument in disparate impact case next week

Next Wednesday, the Supreme Court will hear oral argument in Texas Department of Housing and Community Affairs v. The Inclusive Communities Project Inc. The issue presented in the case is whether disparate impact liability is cognizable under the Fair Housing … Continue reading

New York Court Hears Firefighters’ Title VII Case

On Tuesday the New York Court of Appeals–New York’s highest court–heard argument in Margerum v. City of Buffalo, a case brought by white firefighters who were not promoted because of their race. The City of Buffalo allowed the fire department’s promotional eligibility … Continue reading

Would it be cheaper to just fly every Californian to Japan?

I follow The Onion on Twitter.  It is a news parody site, and it is regularly hilarious.  Over the weekend it tweeted, “Ambitious High-Speed Rail Plan Will Fly Americans To Japan To Use Their Trains onion.com/1Am4dk1 #OurAnnualYear.”  The linked article talks about an “ambitious” $80 billion … Continue reading

Could Texas soon be back under federal Voting Rights Act supervision?

In October, federal judge Nelva Gonzalez Ramos of the Southern District of Texas issued a far-reaching opinion striking down Texas’ new Voter ID law on several grounds. She not only found that the law violated Section 2 of the Voting … Continue reading

How would you avoid disparate impact liability?

Disparate impact theory tells employers that they have broken the law when a concededly neutral hiring practice produces too many employees of one race and not enough of another. Let’s say you’re an employer looking to hire 20 people from … Continue reading

Make the Fair Housing Act fair: Remove disparate impact

On October 2, 2014, the United States Supreme Court granted review in Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc.  When it did, the Court made it clear that it only wants to resolve one … Continue reading