But the logic of disparate impact analysis inevitably leads you to both those conclusions.
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The petitioners had also contended that the pilot program would have a disparate impact on the elderly.
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Obviously a rule refusing honest employment to convicted applicants is going to have a disparate impact upon thieves.
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The first is the administration's use of "disparate impact, " a statistical divining rod deployed in a widening array of federal antidiscrimination lawsuits.
Why does the MID have such a disparate impact by income group?
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That strategy in short says plaintiffs need not show "intent" to discriminate, but merely that policies or enforcement have a "disparate impact" on minorities and other protected classes.
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Gallagher could have wider impact, however, because it forces the Court to dive into the tricky area of disparate treatment versus disparate impact in the area of housing.
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Rebuffed by EPA, EJ activists tried to bring disparate impact lawsuits directly against state regulators, but courts ultimately ruled that no private right of action existed in Title VI.
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"The war between disparate impact and equal protection will be waged sooner or later, and it behooves us to begin thinking about how -- and on what terms -- to make peace between them, " he concluded.
The city said that under a federal civil rights law known as Title VII, employers must ban actions such as promotion tests that would have a "disparate impact" on a protected class, such as a specified race or gender.
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New Haven city officials, after a number of days of hearings, decided they wouldn't certify the test but would instead attempt to develop a test of equal value in measuring a candidate's qualifications without having a disparate impact, she said.
Disparate Impact Theory Background .
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Our sources say that Mr. Lillehaug and Ms. Grewing told Congressional investigators that Mr. Perez talked about the importance of disparate impact, mentioned Mr. Mondale's concern and proposed another deal: Justice would decline to intervene in Newell, the city would withdraw its Supreme Court case, and then the feds would also decline to intervene in Ellis.
And on February 8, 2013, HUD issued its final disparate-impact rule, codifying the practice as legal under the Fair Housing Act.
The International Municipal Lawyers Association urged the court to take this case to resolve a split among the various circuits over whether the FHA even allows disparate-impact suits.
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Resist the temptation to just advance a broad number of disparate initiatives, and alternatively, focus your efforts on the completion of a few high impact objectives.
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