Morning Scan: Disparate Impact Survives; CFPB Unleashes Complaints

Receiving Wide Coverage ...

Disparate Impact Sticks Around: The Supreme Court backed the "disparate impact" legal theory yesterday in a decision that dashed the hopes of banks while buoying housing advocates and the Obama Administration. Justices came to a 5-4 decision affirming that plaintiffs can sue organizations under the Fair Housing Act of 1968 by alleging that their housing practices disproportionately impact minorities, even in the absence of proof of intentional discrimination. The New York Times...