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)
Jurisdiction: United States (federal)
Effective Date: 2021-11-12
Original Source: https://www.courtlistener.com/opinion/5296996/southwest-fair-housing-council-v-mdwid/ ↗

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Disparate-impact theories of liability are available
pursuant to a number of federal antidiscrimination statutes,
including the Civil Rights Act of 1964 (both Titles VI and
VII) and the Age Discrimination in Employment Act
(“ADEA”). See Inclusive Communities, 576 U.S. at 530–33.
In Wards Cove Packing Co. v. Atonio, the Supreme Court
developed a three-step burden-shifting framework to address
these types of claims. 490 U.S. 642 (1989), superseded by
statute on other grounds, 42 U.S.C. § 2000e–2(k). 5
Although Wards Cove dealt specifically with Title VII, the
Supreme Court has applied the framework across federal
antidiscrimination statutes. Hardie v. Nat’l Collegiate
Athletic Ass’n, 876 F.3d 312, 319 n.8 (9th Cir. 2017). We
review Appellants’ FHA disparate-impact claims under this
burden-shifting framework but note that the framework may
differ in application in certain respects. See Inclusive
Communities, 576 U.S. at 533–35, 541 (“[T]he Title VII
framework may not transfer exactly to the fair-housing

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