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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        Although Hardie arose in the Title II (which bars discrimination
in public accommodations) context, it was decided after Inclusive
Communities and favorably cites to Inclusive Communities and Wards
Cove. Because “[n]either the Supreme Court nor we have decided
whether disparate-impact claims are cognizable under Title II,” Hardie
drew directly from the Supreme Court’s Title VII precedent. Hardie,
876 F.3d at 319 (assuming without deciding that Title II permitted
disparate-impact theories). Given the Supreme Court’s example in
analogizing to Title VII precedents, we think it proper to use Hardie to
help guide the analysis here. See Inclusive Communities, 576 U.S.
at 541.
30 SW. FAIR HOUSING V. MARICOPA DOMESTIC WATER

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