Ninth Circuit Decision Affirms Role of Implicit Bias Evidence

On August 31, 2021, the Ninth Circuit Court of Appeals clarified in a published decision that evidence of implicit (or unconscious) bias against a member of a protected class can be probative of whether an entity has engaged in intentional discrimination in violation of Title VI of the Civil Rights Act of 1964. Title VI … Continue reading Ninth Circuit Decision Affirms Role of Implicit Bias Evidence

EJS Brief in Yu v. Idaho State University Argues Implicit Bias is Probative of Intentional Discrimination Under Title VI

The Ninth Circuit Court of Appeals accepted an amicus brief (https://bit.ly/3wLmnwS) by the Equal Justice Society (EJS) and Strindberg & Scholnick, LLC filed in Yu v. Idaho State University. The brief supports a former doctoral psychology candidate’s national origin discrimination suit arguing that implicit bias is probative and may be used as evidence of intentional discrimination under … Continue reading EJS Brief in Yu v. Idaho State University Argues Implicit Bias is Probative of Intentional Discrimination Under Title VI

Status of the Dept. of Housing and Urban Development Disparate Impact Rule

This memo was written to address the status of disparate impact discrimination analysis under the Fair Housing Act (“FHA”), following the Trump Administration’s 2020 rule and the Biden Administration’s response. The 2020 HUD rule, which would have gutted disparate impact as a means of establishing unlawful discrimination under the FHA, was enjoined in October 2020 and was not permitted to go into effect.  As of March 2021, HUD continues to operate pursuant to the status quo, which is governed by the Obama Administration’s 2013 rule on disparate impact analysis under the FHA.