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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Southwest Fair Housing Council v. Mdwid, 17 F.4th 950 (2021)

Citation
Southwest Fair Housing Council v. Mdwid, 17 F.4th 950 (2021)
Parent Document
Southwest Fair Housing Council v. Mdwid, 17 F.4th 950 (2021)
Effective Date
2021-11-12

Other Sections in This Document (145)

Full Text

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prima facie case of disparate impact, the plaintiff must
demonstrate: (1) the existence of a policy, not a one-time
decision, that is outwardly neutral; (2) a significant, adverse,
and disproportionate effect on a protected class; and
(3) robust causality that shows, beyond mere evidence of a
statistical disparity, that the challenged policy, and not some
other factor or policy, caused the disproportionate effect.
The district court held that Appellants failed to demonstrate
robust causality. The panel held that the district court erred
in that judgment, concluding that Appellants did establish
robust causation and did meet their prima facie burden. The
panel nonetheless affirmed the district court’s judgment
because the District established by undisputed evidence that
the policy served in a significant way the District’s
legitimate business interests and because Appellants failed
to establish a triable issue of fact that there existed an equally
effective, but less discriminatory, alternative.