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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The robust causation requirement derives most notably
from Wards Cove. 490 U.S. at 656; see also Inclusive
Communities, 576 U.S. at 542 (citing Wards Cove in
discussing the “robust causality requirement”). In Wards
Cove, plaintiff cannery workers complained that several
policies (including nepotism, rehiring preferences, and
subjective decision making) caused lower-paying cannery
positions to be disproportionately occupied by minorities
while higher-paying non-cannery positions (managerial
positions) were disproportionately occupied by White
people. 490 U.S. at 656–57. The Supreme Court explained
that, to show causality, plaintiffs were first “responsible for
isolating and identifying the specific employment practices
that are allegedly responsible for any observed statistical

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