Center for Equal Opportunity

The nation’s only conservative think tank devoted to issues of race and ethnicity.

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Disparate Impact Insanity

In case you missed it, on February 26 I had an op-ed in the Wall Street Journal titled “How Not To Fight Discrimination.”  Here it is:

Welcome to the era of "disparate impact."

The Obama administration this month issued regulations formally adopting the "disparate impact" approach to its enforcement of the Fair Housing Act, the 1968 law designed to protect buyers and renters from discrimination (racial and otherwise). This approach is increasingly becoming standard in housing and every area of the law.

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The (Illegitimate) Elephant in the Room

“Quid Pro Quota” is the apt title of an editorial this month in the Wall Street Journal (behind the paywall here). Here’s the story: Earlier this year, the Supreme Court was poised to hear oral arguments in the fully briefed Magner v. Gallagher, a case presenting the issue of whether a “disparate impact” cause of action may be brought under the Fair Housing Act.

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Happy Thanksgiving, and more

First of all, a Happy Thanksgiving to you and yours from the Center for Equal Opportunity! We at CEO have much to be thankful for this year, and that certainly includes supporters like you.

One thing we would not put on our most-thankful-for list, however, is wacky interpretations of the civil-rights laws. Speaking of which …

The Supreme Court granted review earlier this month in Magner v. Gallagher, which presents the question whether a “disparate impact” cause of action can be brought under the Fair Housing Act. Such lawsuits would allow plaintiffs to challenge housing-related practices that lead to disproportionate racial or ethnic results, whether or not they have anything to do with actual discrimination. For example, a preference for tenants without criminal records could be attacked if this or that racial or ethnic group was more likely to have such a record. Many lower courts have recognized disparate-impact lawsuits, alas, but the Supreme Court has never resolved the issue.

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