The Court has granted cert in Magner v. Gallagher, where the issues are described as "(1) Whether disparate impact claims are cognizable under the Fair Housing Act; and, if so (2) what test should be used to analyze them." The SCOTUS blog, from which the issue statement just quoted is taken, has helpful links, while the American Banker has coverage here (paid subscription may be required). If the Court rules that disparate impact is not usable under the FHA, it may lead to a similar rule for the Equal Credit Opportunity Act, which would obviously make it harder to bring such cases, especially in the Seventh Circuit, which has rejected the other main test for ECOA cases, disparate treatment.


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