Disparate Impact, Not Disparate Treatment.
With regard to a dispute about a low-income housing development in Texas, the United States Supreme Court held disparate impact claims are cognizable, stating: “Much progress remains to be made in our Nation’s continuing struggle against racial isolation. In striving to achieve our historic commitment to creating an integrated society. . . .we must remain wary of policies that reduce homeowners to nothing more than their race. But since the passage of the Fair Housing Act of 1968 and against the backdrop of disparate-impact liability in nearly every jurisdiction, many cities have become more diverse.” (Tex. Dep’t of Hous. & Cmty. Affairs v. Inclusive Cmtys. Project, Inc. (U.S. Sup. Ct.; June 25, 2015) ___U.S.___ [135 S.Ct. 2507, 192 L.Ed.2d 514].)