Fair Housing

What is 'disparate treatment' vs. 'disparate impact' in fair housing?

AThey are the same legal theory
BDisparate treatment is intentional discrimination based on protected class; disparate impact is when a neutral policy disproportionately harms a protected class without business justification✓ Correct
CDisparate treatment requires proof of injury; disparate impact does not
DDisparate impact is more serious than disparate treatment

Explanation

Disparate treatment requires proof of intentional discrimination — treating a person less favorably because of their protected class. Disparate impact does not require discriminatory intent — it involves a facially neutral practice that disproportionately affects a protected class without sufficient business justification. Both theories can support Fair Housing Act violations.

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