Fair HousingIntermediateDelaware Exam

Disparate impact under fair housing law means:

AIntentional discrimination against a protected class
BA facially neutral policy that has a disproportionately negative effect on a protected classCorrect
CFailing to advertise in minority neighborhoods
DUsing different contract terms for different buyers

Why A facially neutral policy that has a disproportionately negative effect on a protected class Is Correct

Answer B: A facially neutral policy that has a disproportionately negative effect on a protected class

Disparate impact occurs when a neutral policy or practice disproportionately harms members of a protected class, even if there was no discriminatory intent. Such policies can violate fair housing law.

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.

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