This is a bit of a side topic for this blog, but not entirely as it deals with a disparate impact claim, typically made in the context of employment or housing discrimination litigation, but possibly relevant in other areas also. It is useful to keep in mind that in Texas Dept. of Hous & Cmty. Affairs v. Inclusive Communities Project the U.S. Supreme Court held that the plaintiff must establish causation. Relevant wording from the Court is as follows:
Best, Dave Tate, Esq., San Francisco and California.
Tate’s Excellent Audit Committee Guide, updated January 3, 2016, CLICK HERE FOR THE PDF LINK.
A blog discussing the law, D&O, governance, liability and other aspects of public and private businesses, not for profit organizations, and governmental entities – see additional detail below - note: sometimes I post information just to pass it along on these topics (not an endorsement), and sometimes I provide only brief comments or no comments, not a more full discussion. 