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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Drawing from Wards Cove, the Supreme Court in
Inclusive Communities further elaborated on the robust
causality requirement: “[A] disparate-impact claim that
relies on a statistical disparity must fail if the plaintiff cannot
point to a defendant’s policy or policies causing that
disparity.” 576 U.S. at 542. This “ensures that ‘[r]acial
imbalance . . . does not, without more, establish a prima facie
case of disparate impact’ and thus protects defendants from
being held liable for racial disparities they did not create.”
Id. (quoting Wards Cove, 490 U.S. at 653). “If a statistical
discrepancy is caused by factors other than the defendant’s
policy, a plaintiff cannot establish a prima facie case, and
there is no liability.” Id. at 527.

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