Section 46a-64c

Citation: Section 46a-64c
Parent Document: Commission on Human Rights & Opportunities v. Sullivan Associates, 250 Conn. 763 (1999)
Jurisdiction: Connecticut (state)
Effective Date: 1999-10-12
Original Source: https://www.courtlistener.com/opinion/7898215/commission-on-human-rights-oppo... ↗

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The commission apparently did not raise an adverse or disparate impact claim with respect to the defendant’s minimum income requirement or its objections to the security deposit provisions of a section 8 lease. Facially neutral practices, such as the defendant’s minimum income policy and its security deposit policy, properly are analyzed under the disparate impact model set. forth in Wards Cove Packing Co. v. Atonio, 490 U.S. 642, 658-59, 109 S. Ct. 2115, 104 L. Ed. 2d 733 (1989). “In order to prevail on a disparate impact claim, a plaintiff must initially establish a prima facie case of discrimination. A plaintiff makes such a showing by first, pointing out the specific . . . practice it is challenging and then demonstrating that the challenged . . . practice caused a significant disparate impact on a protected group.” Equal Employment Opportunity Commission v. Joint Apprenticeship Committee, 164 F.3d 89, 95 (2d Cir. 1998). “[Tjhe disparate impact analysis does not end once Hie plaintiff has established a prima, facie case. Instead, the case shifts to the defendant to show a business justification for the challenged . . . practice. At this phase, the defendant carries the burden of production. The ultimate burden of persuasion, however, remains at all times with the plaintiff. ... If the defendant succeeds in producing evidence showing a business justification for the challenged . . . practice, Hum the plaintiff must persuade the fact finder that other tests or selection devices would also serve the defendant’s legitimate . . . goals without producing a similarly undesirable disparate effect.” (Citations omitted.) Id., 98-99. --- 040dissent by McDonald ---

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