Supreme Court May Review Housing Discrimination Policy

Over the past four decades, courts have ruled that people making discrimination claims under the Fair Housing Act don’t have to prove intentional bias. Plaintiffs simply have to show that lenders, insurers, developers, or government agencies acted in ways that had a “disparate,” or unequal, impact on minority groups. “Intentional discrimination is often discreet,” says Joseph Rich, an attorney with the Lawyers’ Committee for Civil Rights Under Law. Requiring clear proof of intent to deny loans, sales, and services to minorities would often mean letting discrimination go unpunished, he says.

Now the Supreme Court is weighing whether to hear an appeal from Texas officials who argue that the standard is too loose an interpretation of the Fair Housing Act. The state is fighting a lawsuit filed by the Inclusive Communities Project, a group that advocates for affordable housing and integration.