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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In general terms, under the burden-shifting framework,
the plaintiff first has the burden to establish a prima facie
case of disparate-impact discrimination under the FHA. Ojo
v. Farmers Grp., Inc., 600 F.3d 1201, 1203 (9th Cir. 2010).
If the plaintiff is able to establish a prima facie case, “the
burden shifts to the defendant to either rebut the facts
underpinning the prima facie case or to demonstrate a legally
sufficient, nondiscriminatory reason for the practices
causing the disparate impact.” Id. (quotation marks and
citation omitted). Third and finally, the burden shifts back
to the plaintiff to show the availability of an alternative
practice that has less discriminatory impact yet is still
equally effective in serving the defendant’s legitimate goals.
Inclusive Communities, 576 U.S. at 533; Hardie, 876 F.3d
at 320.

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