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

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