Fair Housing
What is the difference between disparate treatment and disparate impact in fair housing?
AThey are the same legal theory
BDisparate treatment is intentional discrimination; disparate impact is a neutral policy with disproportionate discriminatory effects✓ Correct
CDisparate impact requires proof of intent
DOnly disparate treatment violates the FHA
Explanation
Disparate treatment involves intentional discrimination against a protected class. Disparate impact involves neutral policies that disproportionately disadvantage a protected class, even without discriminatory intent. Both can violate the Fair Housing Act.
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