![]() ![]() If disparate impact becomes a less viable legal tool, civil rights groups counter that it will be almost impossible to curb policies and decisions that reinforce segregation and widen the racial wealth gap. It may be illegal, in other words, to design a rental app that has the effect of excluding minorities, even if no one meant to discriminate against them. The Department of Housing and Urban Development published a proposed rule on Monday significantly raising the bar for housing discrimination claims that rely on such evidence.įederal law prohibits not just outright discrimination, but also certain policies and decisions that have a “disparate impact” on groups protected by civil rights laws. ![]() Today, civil rights groups warn, discrimination persists in subtler forms that raise a much trickier legal question: How do you prove discrimination, and hold anyone accountable, when the evidence of it is more likely to be seen in algorithms or government data than on a for-rent sign? The culprits were clear and their intentions relatively simple to document. When the Fair Housing Act was passed in 1968, the injustice it aimed to root out in the housing market was often egregious: Real estate agents steered black families away from white neighborhoods landlords refused to rent to them and property managers’ racism was plainly stated in apartment listings. ![]()
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