Litigating Disparate Impact Claims Post-ICP

Webinar Date: 
July 17, 2015

By a 5-4 vote the United States Supreme Court confirmed that disparate impact claims are cognizable under the Fair Housing Act. The Court’s ratification of this long-recognized legal theory protects a powerful tool used by consumer advocates to challenge discrimination in the mortgage, insurance and auto marketplace. At the same time, however, the Court articulated certain limits on the proper use of the doctrine; the meaning of those statements is certain to be litigated heavily in the months and years ahead. This webinar will discuss the court’s decision and its application to litigating consumer cases going forward.

What You Will Learn

  • Analysis of the Supreme Court’s decision in Texas Dept. of Housing and Community Affairs v. The Inclusive Communities Project, Inc.
  • Application of the disparate impact standard in consumer cases
  • What the ICP decision means for disparate impact claims asserted under the ECOA
  • Challenges and opportunities going forward


Stuart Rossman is a staff attorney at the National Consumer Law Center (NCLC) and has served as director of litigation since 1999. Stuart currently is the co-chair of the National Association of Consumer Advocates (NACA) Board of Directors.

Sasha Samberg-Champion practices in the area of civil rights litigation for Relman, Dane & Colfax, a civil rights law firm based in Washington, D.C. Mr. Samberg-Champion has argued more than 40 appeals in state and federal court.

Odette Williamson has been a staff attorney at NCLC since July, 1999. Prior to this she was an Assistant Attorney General in the Massachusetts Office of the Attorney General where she concentrated on civil enforcement actions against individuals and businesses for violation of consumer protection and other laws. She is co-author of NCLC's Foreclosures, and Foreclosure Prevention Counseling.


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