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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In the final step of the disparate-impact analysis, “if the
defendant provides a legitimate justification for the
challenged practice, the plaintiff must demonstrate that an
alternative practice (1) would ‘serve the defendant’s
legitimate interests,’ and (2) would not have a ‘similarly
undesirable . . . effect [on members of protected groups].’”
Hardie, 876 F.3d at 320 (quoting Wards Cove, 490 U.S.
at 660) (cleaned up). “[B]efore rejecting a business
justification . . . a court must determine that a plaintiff has
shown that there is ‘an available alternative . . . practice that
has less disparate impact and serves the [entity’s] legitimate
needs.’” Inclusive Communities, 576 U.S. at 533 (third and
fourth alterations in original) (quoting Ricci v. DeStefano,
557 U.S. 557, 578 (2009)). “The plaintiff’s proposed
alternative(s) must be ‘equally effective’ as the defendant’s
    SW. FAIR HOUSING V. MARICOPA DOMESTIC WATER 35

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