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Discrimination Law

Texas Department of Housing and Community Affairs v. The Inclusive Communities Project - Post-Argument SCOTUScast

Post-Argument SCOTUScast featuring Todd Gaziano
Todd F. Gaziano January 28, 2015

On January 21, 2015, the Supreme Court heard oral argument in Texas Department of Housing and Community Affairs v. The Inclusive Communities Project. This case involves the Fair Housing Act, which states that it is illegal to "refuse to sell or rent...or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race." The question in this case is whether disparate impact claims, which permit liability based on disproportionate impact in the absence of express discriminatory intent, are allowed under the Fair Housing Act. 

To discuss the case, we have Hon. Todd F. Gaziano, Executive Director, Washington, D.C. Center and Senior Fellow in Constitutional Law, Pacific Legal Foundation.

Mach Mining v. Equal Employment Opportunity Commission - Post-Argument SCOTUScast

Post-Argument SCOTUScast featuring Paul Mirengoff
Paul E. Mirengoff January 27, 2015

On January 13, 2015, the Supreme Court heard oral argument in Mach Mining v. Equal Employment Opportunity Commission. This case involves the Equal Employment Opportunity Commission's (EEOC) Title VII duty to investigate claims of discrimination levied against an employer and to make good faith efforts to eliminate discriminatory employment practices before filing suit against that employer. The question this case asks is whether and to what extent a court may enforce the EEOC's duty to conciliate discrimination claims before filing suit.

To discuss the case, we have Mr. Paul Mirengoff, Mr. Mirengoff is a retired attorney in Washington, D.C. and is a blogger at powerlineblog.com.

Disparate Impact Liability and the Fair Housing Act: Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc. - Podcast

Civil Rights Practice Group Podcast
Todd F. Gaziano January 22, 2015

On Wednesday, January 21, 2015, the Supreme Court heard oral arguments in Texas Department of Housing and Community Affairs v. The Inclusive Communities Project Inc. The Supreme Court has previously attempted twice to hear cases reaching the question of whether disparate impact claims are cognizable under the Fair Housing Act, in Magner v. Gallagher and Mount Holly v. Mount Holly Gardens Citizens in Action, and in both instances the cases were settled less than a month before oral arguments. The Fair Housing Act makes it illegal to “refuse to sell or rent . . . or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race.” Do policies that can be demonstrated to have a discriminatory effect on certain racial groups, without a showing of discriminatory intent, violate the statute?

  • Hon. Todd F. Gaziano, Executive Director, Washington, D.C. Center and Senior Fellow in Constitutional Law, Pacific Legal Foundation

A Sign of Things to Come?: Reed v. Town of Gilbert - Podcast

Free Speech & Election Law Practice Group Podcast
Hans A. von Spakovsky January 13, 2015

On January 12, 2015, the U.S. Supreme Court heard oral argument in Reed v. Town of Gilbert. The Town of Gilbert has a sign code that imposes limits on the size, location, number, and duration of the signs advertising the weekly services of the Good News Community Church, whose pastor, Clyde Reed, sued. The sign code does not impose the same restrictions on political, ideological, and homeowners’ association signs. Does the First Amendment rule against content discrimination require a plaintiff to prove intentional discrimination by a government entity? Does the Town of Gilbert's assertion that its sign code lacks a discriminatory motive render its facially content-based sign code content-neutral and justify the code's differential treatment of religious signs?

  • Hans A. von Spakovsky, Manager, Election Law Reform Initiative and Senior Legal Fellow, Edwin Meese III Center for Legal and Judicial Studies, The Heritage Foundation

Religious Liberty after Hobby Lobby - Event Video

2014 National Lawyers Convention
Kim Colby, William P. Marshall, Robin Fretwell Wilson, Diarmuid F. O'Scannlain, William L. Saunders November 14, 2014

The U.S. Supreme Court’s 2013-14 Term included two major religion cases, Town of Greece v. Galloway and Burwell v. Hobby Lobby.  In Galloway, the Court held that prayers offered by local clergy at the start of town board meetings did not violate the Establishment Clause.  In Hobby Lobby, the Court held that the Religious Freedom Restoration Act required that corporations whose owners object to the HHS contraceptive mandate be exempt from it.  The panel will explore, from a range of perspectives, the significance of Hobby Lobby and the religious freedom jurisprudence of the Roberts Court.  Among the topics to be considered are the analysis under RFRA of the government’s compelling interest and the narrow tailoring requirements, the interplay between religious exemptions and the Establishment Clause, emerging issues at the intersection of religious freedom and anti-discrimination laws, ongoing challenges to the HHS contraceptive mandate, and the legacy of Hobby Lobby for future First Amendment and religious freedom cases.

The Federalist Society's Religious Liberties Practice Groups presented this panel on "Religious Liberty after Hobby Lobby" on Thursday, November 13, during the 2014 National Lawyers Convention.

Featuring:

  • Ms. Kim Colby, Senior Counsel, Christian Legal Society
  • Prof. William P. Marshall, William Rand Kenan, Jr. Distinguished --Professor of Law, University of North Carolina School of Law
  • Prof. Robin Fretwell Wilson, Roger and Stephany Joslin Professor of Law and Director, Program in Family Law and Policy, University of Illinois College of Law
  • Moderator: Hon. Diarmuid F. O’Scannlain, U.S. Court of Appeals for the 9th Circuit
  • Introduction: Mr. William L. Saunders, Senior Vice President and Senior Counsel, Americans United for Life and Chairman, Religious Liberties Practice Group

Mayflower Hotel
Washington, DC