Understanding the difference between disparate treatment and disparate impact

There are two types of discrimination recognized by our various civil rights laws: disparate treatment and disparate impact. The former is conscious, intentional discrimination.  The latter is unintentional, and is demonstrated through statistical disparities.  Here on the Liberty Blog we have often … Continue reading

Settlement in disparate impact case means more government discrimination

Proponents of racial preferences and race-conscious decision making must be breathing easier today after reports surfaced about the approved settlement in Township of Mount Holly v. Mt. Holly Gardens Citizens in Action. The case concerns controversial redevelopment efforts by the … Continue reading

Supreme Court may be prevented from ruling on disparate impact – again!

Parties may have reached a tentative settlement agreement in Mount Holly v. Mt. Holly Gardens Citizens in Action.  The settlement, if approved, would be the second time in two years that the Supreme Court has been denied the opportunity to … Continue reading

Surprise, surprise: California Attorney General urges Supreme Court to uphold disparate impact

Sadly, we’re not surprised by this news.   The California Attorney General filed a brief in support of racial preferences in Fisher.   The California AG filed a brief in favor of the constitutionality of Section 5 of the Voting Rights Act in … Continue reading

Supreme Court takes disparate impact case

Today the Supreme Court agreed to review a decision by the Third Circuit which held that plaintiffs could bring discrimination claims under the federal Fair Housing Act without having to prove that government defendants intended to discriminate.  The case is … Continue reading

Comeuppance

Remember Magner v. Gallagher, the case out of Minnesota that challenged whether there was a disparate impact cause of action under the Fair Housing Act?  [Note: There isn't.] Remember when the Obama Administration pressured the City of St. Paul to voluntarily dismiss … Continue reading

Is Obama’s victory a sign of “racial progress?”

Following Obama’s victory last week, Ilya Somin of the Volokh Conspiracy wrote that “it’s certainly a sign that racism has greatly declined, and that African-Americans are more fully accepted in mainstream American society than ever before.”  There is a certain … Continue reading

Supreme Court asks for U.S. Solicitor General’s brief in disparate impact case

Today the Supreme Court asked the U.S. Solicitor General to provide the government’s views on whether the federal Fair Housing Act encompasses disparate impact claims.  The Court had agreed to rule on that issue last Term, but the case providing … Continue reading

Here we go again: Fair Housing Act and disparate impact

Pacific Legal Foundation attorneys filed an amicus brief in the U.S. Supreme Court asking it to review a case handed down by the Third Circuit called Township of Mount Holly v. Mt. Holly Gardens.  The case concerns whether the federal … Continue reading