After Inclusive Communities: Disparate Impact Revisited


  • Navigate the standards and criteria established by the federal courts to defend or bring housing- discrimination disparate-impact complaints.
  • Draft housing policies that reflect disparate-impact requirements under the federal Fair Housing Act.
  • Advise clients about pitfalls and concerns in drafting housing policies or housing regulations given recent federal court decisions about disparate-impact discrimination.


In 2015 the U.S. Supreme Court set out a number of standards and criteria in its approval of disparate impact (as compared to proof of discriminatory intent) that have made it more difficult for individuals to bring (and easier for government to defend against) housing-discrimination claims based on the disparate impact of a governmental action under the U.S. Fair Housing Act. Disparate impact is particularly relevant in the context of zoning and planning since these decisions affect how certain groups access housing. Explore how dozens of recent federal court decisions interpret the inclusive communities' case standards for bringing a disparate-impact housing discrimination case and how government and plaintiffs have fared. Panelists represent government and private parties and will share their experiences in bringing or defending disparate-impact claims. This course qualifies for 1.5 Law CM.

Pre-session materials for attendees to review: Disparate Impact In Federal Court After Inclusive Communities.