Nov. 15, 2021, Update Following the Ninth Circuit’s October amended opinion, Appellant Mr. Jun Yu filed a petition for panel rehearing on November 14, supported by an amicus brief filed by EJS and Strindberg Scholnick Birch Hallam Harstad Thorne. Amici are Berkeley Center on Comparative Equality and Anti-Discrimination Law, Chinese for Affirmative Action, Legal AidContinue reading “Updated: Ninth Circuit Decision in Yu v. Idaho State and the Role of Implicit Bias Evidence”
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 underContinue reading “EJS Brief in Yu v. Idaho State University Argues Implicit Bias is Probative of Intentional Discrimination Under Title VI”
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.