Supreme Court upholds key tool for fighting housing bias

National News

The Supreme Court handed a surprising victory to the Obama administration and civil rights groups on Thursday when it upheld a key tool used for more than four decades to fight housing discrimination.

The justices ruled 5-4 that federal housing laws prohibit seemingly neutral practices that harm minorities, even without proof of intentional discrimination.

Justice Anthony Kennedy, often a swing vote, joined the court's four liberal members in upholding the use of so-called "disparate impact" cases.

The ruling is a win for housing advocates who argued that the housing law allows challenges to race-neutral policies that have a negative impact on minority groups. The Justice Department has used disparate impact lawsuits to win more than $500 million in legal settlements from companies accused of bias against black and Hispanic customers.

In upholding the tactic, the Supreme Court preserved a legal strategy that has been used for more than 40 years to attack discrimination in zoning laws, occupancy rules, mortgage lending practices and insurance underwriting. Every federal appeals court to consider it has upheld the practice, though the Supreme Court had never previously taken it up.

Writing for the majority, Kennedy said that language in the housing law banning discrimination "because of race" includes disparate impact cases. He said such lawsuits allow plaintiffs "to counteract unconscious prejudices and disguised animus that escape easy classification" under traditional legal theories.

"In this way disparate-impact liability may prevent segregated housing patterns that might otherwise result from covert and illicit stereotyping," Kennedy said.

Kennedy was joined by Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan.

Related listings

  • Supreme Court Voids Routine Police Check Of Hotel Registries

    Supreme Court Voids Routine Police Check Of Hotel Registries

    National News 06/23/2015

    The Supreme Court struck down a Los Angeles ordinance Monday that allowed police to inspect hotel guest records on demand. The justices voted 5-4 to reject the city's argument that the measure was needed to help fight prostitution, drug trafficking a...

  • Huguely files appeal request with U.S. Supreme Court

    Huguely files appeal request with U.S. Supreme Court

    National News 06/20/2015

    A former University of Virginia lacrosse player is taking his last shot at overturning his conviction for the 2010 murder of his former girlfriend. Counsel for George Huguely V has filed a petition with the U.S. Supreme Court seeking a judicial revie...

  • Judge grants new trial in death of intern Chandra Levy

    Judge grants new trial in death of intern Chandra Levy

    National News 06/04/2015

    A judge has formally granted a retrial in the case of a man convicted of killing Washington intern Chandra Levy.   D.C. Superior Court Judge Gerald Fisher on Thursday granted a motion for a new trial the case of Ingmar Guandique, who was convict...

Any contracts or any transactions can go awry at any time

We know your business means a lot to you and want to understand all the aspects of your business so that we can help you in the best ways possible. We don’t discriminate depending on the size of your company. Our mission statement is to represent all business owners and entrepreneurs by navigating them through the rough waters of business litigation and guiding them to success.

We are attorneys who want to make sure we understand your business objectives and goals before we start providing you with legal counsel individualized to your business. We know what it means to be dedicated to your business. After all, we are a business as well. And just like you, we want to provide the best service we can to our clients.

Any contracts or any transactions can go awry at any time. Sometimes, making important business decisions without legal help from business attorneys could cost you your business.We don’t want you or your business to be misconstrued by anyone. Our attorneys make sure that we communicate with you often to make sure we are giving you the legal guidance you need at all times. We make sure we are responsive in a timely-manner with every single one of our clients to help them identify risks and prevent legal battles before they arise.

Business News