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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That the policy has a disproportionate effect is not
enough, though; the disparity must also be significant.
Wards Cove, 490 U.S. at 656. Analyses with small sample
sizes (Edwards Circle contains only twenty residences) raise
a red flag when assessing whether a plaintiff has identified a
significant disparity. Stout v. Potter, 276 F.3d 1118, 1123
(9th Cir. 2002) (“We observe initially that the probative
value of any statistical comparison is limited by the small
available sample. . . . A sample involving 6 female
applicants in a pool of 38 applicants is likely too small to
produce statistically significant results.”). Nevertheless,
Appellants’ unchallenged expert report concluded that the
statistical disparities here are statistically significant—
meaning there is a “high probability” that they “did not occur
by chance.”
     SW. FAIR HOUSING V. MARICOPA DOMESTIC WATER 23

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