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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

Other Sections in This Document (145)

Full Text

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Unlike for disparate-impact claims, allegations that
discrimination was a motivating factor behind a defendant’s
actions are essential to plead a disparate-treatment claim.
Ultimately, at the summary judgment stage, the plaintiff
must “produce direct or circumstantial evidence
demonstrating that a discriminatory reason more likely that
not motivated the defendant and that the defendant’s actions
adversely affected the plaintiff in some way.” Ave. 6E,
818 F.3d at 504 (9th Cir. 2016) (quoting Pac. Shores Props.,
LLC v. City of Newport Beach, 730 F.3d 1142, 1158 (9th Cir.
2013)).
40 SW. FAIR HOUSING V. MARICOPA DOMESTIC WATER