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Fair Housing Act’s Three Legal Theories : Are they all just different ways of showing discriminatory purpose?. π ’s burden. Δ ’s burden. Theories applicable to both racial and disability-based discrimination. Disparate treatment.
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Fair Housing Act’s Three Legal Theories: Are they all just different ways of showing discriminatory purpose? π’s burden Δ’s burden Theories applicable to both racial and disability-based discrimination Disparate treatment “We would have excluded the proposed use even without any biased voting.” π’s prima facie case of biased motive Disparate impact π’s prima facie case of statistical disparity from practice “We had a substantial, legit reason for exclusion” Theories applicable to disability-based discrimination alone “The accommodation is not necessary for equal opportunity, because disabled people have no special need for excluded use.” Reasonable accommodation necessary for equal opportunity π’s prima facie case specifying some accommodation that’s not a “fundamental alteration” of zoning.