ELECTIONS HAVE CONSEQUENCES: I should have pointed out this a couple of weeks ago: The Biden Administration has reinstated the 2013 Fair Housing Act rule that had been promulgated during the Obama Administration. It uses a disparate impact approach to housing law. Sad. For the long history of how disparate impact liability got started in Griggs v. Duke Power Co. read my article “Title VII Disparate Impact Liability Makes Almost Everything Presumptively Illegal.” For background on how it leaked into housing law, read this.
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