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Article
Discriminatory Effect and the Fair Housing Act
Notre Dame Lawyer
  • Robert G. Schwemm, University of Kentucky College of Law
Abstract
This article addresses the question of whether housing practices that produce discriminatory effects violate the Fair Housing Act. The language and legislative history of the statute are examined, the analogy to employment discrimination law is explored, and the principal Title VIII cases are considered in an effort to determine just what racial discrimination is under the Fair Housing Act. This analysis leads to a suggested approach for evaluating Title VIII cases that are based on discriminatory effect, including how such an effect may be shown by the plaintiff and what significance such a showing should have in terms of the defendant's burden of justification.
Document Type
Article
Publication Date
12-1-1978
Notes/Citation Information

Notre Dame Lawyer, Vol. 54, No. 2 (December 1978), 199-262

Citation Information
Robert G. Schwemm, Discriminatory Effect and the Fair Housing Act, 54 Notre Dame Law. 199 (1978).