DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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)
Effective Date
2021-11-12
Original Source
https://www.courtlistener.com/opinion/5296996/southwest-fair-housing-council-v-mdwid/ ↗

Other Sections in This Document (145)

Full Text

529 chars 
We have held in the analogous ADEA context that a
plaintiff may not pursue an alternative discrimination theory
unless plaintiffs “either (1) [pleaded] the additional disparate
impact [or treatment] theory in their complaints, or
(2) [made] known during discovery their intention to pursue
recovery on the disparate impact [or treatment] theory
omitted from their complaints. Only if the defendants have
been put on notice may the plaintiffs proceed on a disparate
impact [or treatment] theory at the summary judgment
stage.” Id.