So You Think You Know The Law?

December 2016

True or False? The standard commercial general liability (CGL) policy does not cover discrimination, unless a broadening endorsement has been added. (TRUE) True or False? Housing discrimination actions brought by individual tenants may be covered under a standard commercial general liability (CGL) policy if there are allegations of wrongful entry, wrongful eviction or other invasion of the right of private occupancy. (TRUE) True or False? Under the Fair Housing Act the courts do not recognize disparate impact as a theory to prove discrimination; only disparate treatment is actionable. (FALSE) – Texas Dep’t of Hous. & Cmty. Affairs v. Inclusive Communities Project, Inc., 135 S. Ct. 2507, 192 L. Ed. 2d 514 (2015) held that a plaintiff can proceed under a disparate impact theory.

Please Note: This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.