National News

Why Would HUD Gut Its Own Disparate Impact Rule?

     But in the August 19 Federal Register, HUD proposed a new rule that would expand the disparate impact rule into a five-step process that would shift the burden of proving discrimination nearly exclusively to plaintiffs. By proposing that third parties test practices against algorithms to determine fairness, defendants in fair housing cases could later move for dismissal and/or be shielded from liability. […]