What is the difference between intentional discrimination & discriminatory effect, and how can such illegal practices be identified?
Discriminatory practices essentially fall into two categories. First, the most easily understood type of discrimination is where a housing provider treats someone differently because of the person s membership in, or association with, a protected group – in other words, where the provider engages in intentional discrimination, such as refusing to rent or negotiate based on an applicant s race, religion, or place of national origin. Second, fair housing laws also outlaw “facially-neutral” (i.e. apparently objective) policies and practices that have a discriminatory effect on protected groups. Under this approach, known as “disparate impact,” a tenant need only show that a particular housing policy or practice has a significant impact on members of a protected group. Once this showing is made, the housing provider bears the burden of proving some “business justification” for the challenged policy. 10. Can rental applications require the first and the last names of all occupants? Yes. The
Related Questions
- Do Department of Justice (DOJ) Title VI implementing regulations prohibit both intentional discrimination and practices that have a discriminatory impact?
- Do other federal agencies have Title VI regulations that prohibit both intentional discrimination and practices that have a discriminatory impact?
- Who is protected from discrimination by Connecticuts Discriminatory Housing Practices Act?
