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First Circuit Invokes Inclusive Communities in Nixing Disparate Impact Challenge and Gifts Safe Harbor Defense to Employer

At the end of the Supreme Court’s term in June, we blogged about a housing discrimination case that might be used by employers to limit disparate impact liability. Texas Dept. of Housing & Community Affairs v. Inclusive Communities Project, Inc., 135 S. Ct. 2507 (2015). Less than two months later, a divided three judge panel of the United States Court of Appeals for the First Circuit cited Inclusive Communities’ limitations in an employment matter. Abril-Rivera v. Johnson (1st Cir. July 30, 2015).

Disparate Impact Suit - Credit Checks.

Three times a year for the last several years I have done a program for the UT School of Law, CLE group called Essential Employment Law. In the morning, I talk about theory and in the afternoon my good friend (and great lawyer) Connie Cornell talks about the practical application.
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