The Case Against Private Disparate Impact Suits

Authors

Thom Lambert, University of Missouri School of LawFollow

Document Type

Article

Publication Date

Spring 2000

Abstract

This article argues that the Third Circuit, and the courts that have implicitly approved private disparate impact suits, have erred in construing Title VI to permit private plaintiffs to sue federally funded entities for discrimination based on disparate impact alone. From a policy standpoint, permitting private disparate impact suits is a bad idea, for the threat of such suits will lead to deterrence of actions and decisions that have incidental disparate effects but are, on the whole, good.

Recommended Citation

Thomas A. Lambert, The Case Against Private Disparate Impact Suits, 34 Ga. L. Rev. 1155 (2000)