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

President’s weekly report — December 12, 2014

Property Rights — California Coastal Commission The California Coastal Commission has never been happy with our 1987 victory in Nollan v. California Coastal Commission where the United States Supreme Court held that its practice of demanding exactions in exchange for … Continue reading

President’s weekly report — December 5, 2014

Property Rights — The Public Trust Doctrine like The Blob? PLF attorneys filed an amicus brief with the Oregon Court of Appeals in Kramer v. City of Lake Oswego—a case in which two public access activists argue that the “public … 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

Federal judge calls out HUD; strikes down disparate impact regulations

This week a judge from the U.S. District Court for the District of Columbia vacated disparate impact regulations promulgated by the Department of Housing and Urban Development (HUD).  The regulations were based on a twisted interpretation of the Fair Housing Act … Continue reading

NR-PLF Supreme Court preview event: fish and raisin jokes, and some serious Supreme Court analysis

National Review/Pacific Legal Foundation’s “first annual” preview event on Monday of the Supreme Court’s term was a great success, as reflected by the live coverage and two re-broadcasts by C-SPAN. The event’s focus was on cases the Supreme Court had … Continue reading

President’s weekly report — October 3, 2014

United States Supreme Court — Cert petitions We’ve filed three petitions for writ of certiorari to the United States Supreme Court this week in three very important cases, each of which could contribute substantially to individual freedom if granted. First … Continue reading

Supreme Court to decide if the Fair Housing Act allows disparate impact claims

Today the Supreme Court announced it would accept review in the case Texas Dept. of Hous. & Community  Affairs v. Inclusive Communities Project on the one issue that has escaped resolution by the Court twice before. That issue is:  Are disparate-impact … Continue reading

Federal courts expanding disparate impact analysis in recent Voting Rights Act cases

Here on the Liberty Blog, we have often posted about the perils of “disparate impact” laws; that is, laws that allow courts to find illicit discrimination in a facially neutral action without any showing of improper intent (here, here, and here, … Continue reading

Will the Supreme Court finally get to rule on disparate impact?

Will the third time be the charm for having the U.S. Supreme Court decide whether disparate impact discrimination claims are allowed under the Fair Housing Act?  Later this month, on September 29th, the Court will decide whether to accept review … Continue reading