Fair HousingIntermediateCalifornia Exam

Disparate impact theory in fair housing law means that:

AOnly intentional discrimination is illegal, under federal and California fair housing law
BA neutral policy that disproportionately harms a protected class can be illegal even without discriminatory intentCorrect
CEach complaint must be handled on a case-by-case basis, as defined under the Fair Employment and Housing Act
DImpact on one protected class cancels out impact on another, consistent with federal Fair Housing Act protections

Why A neutral policy that disproportionately harms a protected class can be illegal even without discriminatory intent Is Correct

Answer B: A neutral policy that disproportionately harms a protected class can be illegal even without discriminatory intent

Disparate impact theory holds that a facially neutral policy or practice that has a disproportionate adverse effect on a protected class can violate fair housing law, even if there was no discriminatory intent. The federal Fair Housing Act prohibits discrimination based on seven protected classes: race, color, religion, sex, national origin, familial status, and disability.

Exam Tip: Fair Housing

Fair Housing questions test both federal (Fair Housing Act of 1968) and state-level protected classes. The federal protected classes are race, color, religion, national origin, sex, familial status, and disability. Many states add additional protections.

Key Fair Housing Terms in This Question

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