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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However, in recognizing that the FHA permits disparate-
impact claims, the Supreme Court in Inclusive Communities
described in detail a set of “safeguards” that provide
additional guidance in assessing the availability of these
claims. 6 Inclusive Communities, 576 U.S. at 542. These
safeguards are necessary to “protect[] defendants from being
held liable for racial disparities they did not create” and to
prevent disparate-impact liability from “caus[ing] race to be
used and considered in a pervasive way”—specifically,
through the adoption of numerical quotas, which could lead
to “serious constitutional questions.” Id.

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