Feb. 27, 2026
Disparate impact discrimination liability built on 'foundation of sand' is crumbling
The Civil Rights Act never created disparate impact liability, yet agencies embedded it across American life. President Trump now seeks to rein in that overreach and restore the law's original meaning.
The Fair Housing Act (FHA) and other civil rights legislation prohibit intentional discrimination, i.e., discrimination that occurs "because of" someone's race, sex and other characteristics. Disparate impact discrimination, conversely, results when a facially neutral practice has a disproportionately negative effect on protected classes of people, so long as the resulting disparity among class...
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