PRACTITIONER BLOG

Read our analyses of developments in Impact Litigation and stay current on class action law

Impact Fund Amicus Brief Challenges "One-Size-Fits-All" Approach to Disparate Impact Discrimination
Disparate Impact, California Civil Rights Teddy Basham-Witherington Disparate Impact, California Civil Rights Teddy Basham-Witherington

Impact Fund Amicus Brief Challenges "One-Size-Fits-All" Approach to Disparate Impact Discrimination

California Department of Health Care Services’ steady decline in reimbursement rates to doctors for standard physician services through the state Medi-Cal program has driven doctors away from the program, denying low-income Californians meaningful access to necessary healthcare. The key to a disparate impact claim is the discriminatory impact resulting from a seemingly neutral policy. Our brief argues that the superior court adopted a dangerously narrow view of disparate impact.

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Impact Fund to Ben Carson: Don’t Eviscerate Disparate Impact Rule That Protects Against Housing Discrimination
Disparate Impact, Housing Discrimination Teddy Basham-Witherington Disparate Impact, Housing Discrimination Teddy Basham-Witherington

Impact Fund to Ben Carson: Don’t Eviscerate Disparate Impact Rule That Protects Against Housing Discrimination

The Trump Administration has proposed a revised regulation that eviscerates the Fair Housing Act’s protections and undermines the civil rights promises of the Fair Housing Act. HUD says that its proposal aligns the rule with judicial interpretations of disparate impact law, including Inclusive Communities, but it does nothing of the sort. Instead, the rule incorrectly twists the language of the Supreme Court and runs roughshod over settled case law on disparate impact. Should the rule come into effect, it would severely roll back these protections for our most vulnerable communities, and it would allow discriminatory conduct to flourish.

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