Milestone Settlement in Higher Education Reached Between Students and University of California

The plaintiffs in Smith v. Regents of the University of California reached a historic settlement on May 14, 2021, with the University of California broadening access to UC campuses for students across the State by eliminating consideration of the SAT and ACT from admissions and scholarship decisions. Despite condemning the SAT and ACT as racistContinue reading "Milestone Settlement in Higher Education Reached Between Students and University of California"

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.