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The use of disparate impact analysis is growing very rapidly, and it is becoming the source of some controversy. It holds, generally speaking, that a violation of certain federal statutes can be shown by the discriminatory effect of a policy, even in the absence of an intent to discriminate. The U.S Supreme Court has recently agreed to hear the Mt. Holly case, which will examine the use of disparate impact analysis under the Federal Housing Act. Disparate impact analysis is now being used in or proposed for use in employment, housing, lending, and many other contexts. On this previously recorded conference call, the experts describe and then debate the use of disparate impact analysis.
- Mr. Roger Clegg, President and General Counsel, Center for Equal Opportunity
- Prof. Theodore "Ted" M. Shaw, Professor of Professional Practice in Law, Columbia Law School
- Moderator: Mr. Dean Reuter, Vice President and Practice Groups Director, The Federalist Society