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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Before any statistical disparate-impact analysis can
proceed, the correct comparative populations must be
identified. There are multiple valid methods of analysis
involving different comparative populations. See Robert G.
Schwemm & Calvin Bradford, Proving Disparate Impact in
Fair Housing Cases After Inclusive Communities, 19 N.Y.U.
J. Legis. & Pub. Pol’y 685, 698–99, 703–06 (2016). One
method that we have identified as a valid “basis for a
successful disparate impact claim involves a comparison
between two groups—those affected and those unaffected by
the facially neutral policy.” Darensburg v. Metro. Transp.
Comm’n, 636 F.3d 511, 519–20 (9th Cir. 2011) (quoting
Tsombanidis v. W. Haven Fire Dep’t, 352 F.3d 565, 575 (2d
Cir. 2003)).

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