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Supreme Court Sharply Divided Over Housing Bias Cases

Published

10 years ago

January 21, 2015

Oakland Post

Chief Justice John Roberts (AP Photo)

SAM HANANEL, Associated Press

WASHINGTON (AP) — The Supreme Court appeared sharply divided Wednesday in a debate over a decades-old strategy for fighting discrimination in housing.

Chief Justice John Roberts expressed serious doubts during a one-hour argument that the 1968 Fair Housing Act can be used to ban housing or lending practices without any proof of intent to discriminate.

But Justice Antonin Scalia, who usually aligns with Roberts and other conservatives, asked tough questions of both sides, making it tough to determine how the court might rule in a case that has steep ideological divisions.

The court’s four liberal justices defended the use of so-called “disparate impact” lawsuits that allege even race-neutral policies can have a harmful effect on minority groups.

Civil rights organizations have speculated that the court took up the case to knock out such lawsuits, which have long been criticized by banks, mortgage companies and conservative groups.

The case involves an appeal from officials accused of awarding federal housing tax credits in a way that steered low-income housing into mostly poor, black neighborhoods in Dallas and generally kept the units out of wealthier white enclaves.

A Dallas-based fair housing group, Inclusive Communities Project Inc., sued the Texas Department of Housing and Community Development in 2008. The group alleged that agency policies were keeping Dallas neighborhoods segregated and denying blacks a chance to move into safer neighborhoods with better schools.

The housing advocacy group couldn’t prove Texas officials were intentionally biased. But a federal appeals court said the group could use statistics to show the effect of the policies still harmed black residents, in violation of the Fair Housing Act.

“It is very difficult to decide what impact is good and what impact is bad,” Roberts said. What if one community wants to build low-income housing to revitalize minority neighborhoods, while another wants to integrate white areas, he asked. “Which is the bad thing to do?”

Solicitor General Donald Verrilli, who was arguing in favor of disparate impact, said both plans may ultimately pass muster. Under the test that’s been in place for nearly 40 years, once a disparity is shown, a court must decide whether one race-neutral policy could be replaced with another race-neutral policy.

But Roberts pressed Verrilli with the same question three times, complaining that he wasn’t getting an answer.

Justice Anthony Kennedy said it seemed “very odd to me” that disparate impact could work in either case.

Scott Keller, the Texas Solicitor General, said there was no clear language authorizing discriminatory impact lawsuits when the housing law was passed in 1968.

But Justice Ruth Bader Ginsburg called that argument “a little artificial” because the theory was not mainstream until the Supreme Court approved its use for employment discrimination cases in 1971.

Scalia told Keller that looking at the “grand goals” of Congress in 1968 to eliminate segregated housing, it seemed possible that lawmakers thought disparate impact cases were acceptable. But later, Scalia told Michael Daniel, lawyer for the Texas housing group, that “racial disparity is not racial discrimination.”

“The fact that the NFL is largely black players is not discrimination,” Scalia said.

Justice Stephen Breyer noted that every appeals court to consider the question for the past 40 years has found disparate impact acceptable in the housing context.

“Why when something is so well-established throughout the United States should the court come in and change it?” he asked Keller.

Texas officials say disparate impact claims would essentially force them to make race-conscious decisions to avoid liability. And while disparate impact is allowed under employment discrimination cases, they say it is not explicitly mentioned in the Fair Housing Act.

Texas has won support from business groups, including the Mortgage Bankers Association, the American Financial Services Association and others arguing that federal housing law should punish only intentional acts of discrimination.

But fair housing advocates say eliminating such claims means courts will recognize only the crudest forms of intentional discrimination and not more subtle forms of bias that persist today.

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Oakland Post: Week of March 28 – April 1, 2025

The printed Weekly Edition of the Oakland Post: Week of March 28 – April 1, 2025

Published

7 hours ago

March 28, 2025

Oakland Post

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Sen. Lola Smallwood-Cuevas Honors California Women in Construction with State Proclamation, Policy Ideas

“Women play an important role in building our communities, yet they remain vastly underrepresented in the construction industry,” Smallwood-Cuevas stated. “This resolution not only recognizes their incredible contributions but also the need to break barriers — like gender discrimination.

Published

5 days ago

March 24, 2025

Oakland Post

Sen. Lola Smallwood-Cuevas (D-Los Angeles), center, is shown with other guest speakers at the Sacramento Chapter of the National Association of Women in Construction brunch held at the State Capitol on March 6, 2025. On the left is Jennifer Todd, LMS General Contractors Founder and President. To Todd’s right is Dr. Giovanna Brasfield, from Los Angeles-based Brasfield and Associates. CBM photo by Antonio Ray Harvey.

By Antonio‌ ‌Ray‌ ‌Harvey‌, California‌ ‌Black‌ ‌Media‌

To honor Women in Construction Week, Sen. Lola Smallwood-Cuevas (D-Los Angeles), a member of the California Legislative Black Caucus (CLBC), introduced Senate Concurrent Resolution (SCR) 30 in the State Legislature on March 6. This resolution pays tribute to women and highlights their contributions to the building industry.

The measure designates March 2, 2025, to March 8, 2025, as Women in Construction Week in California. It passed 34-0 on the Senate floor.

Authored by Assemblymember Liz Ortega (D-San Leandro), another bill, Assembly Concurrent Resolution (ACR) 28, also recognized women in the construction industry.

The resolution advanced out of the Assembly Committee on Rules with a 10-0 vote.

The weeklong event coincides with the National Association of Women In Construction (NAWIC) celebration that started in 1998 and has grown and expanded every year since.

The same week in front of the State Capitol, Smallwood, Lt. Gov. Eleni Kounalakis, Assemblymember Josh Hoover (R-Folsom), and Assemblymember Maggie Krell (D-Sacramento), attended a brunch organized by a local chapter of NAWIC.

Two of the guest speakers were Dr. Giovanna Brasfield, CEO of Los Angeles-based Brasfield and Associates, and Jennifer Todd, President and Founder of LMS General Contractors.

Todd is the youngest Black woman to receive a California’s Contractors State License Board (A) General Engineering license. An advocate for women of different backgrounds, Todd she said she has been a woman in construction for the last 16 years despite going through some trying times.

A graduate of Arizona State University’s’ Sandra Day O’Connor College of Law, in 2009 Todd created an apprenticeship training program, A Greener Tomorrow, designed toward the advancement of unemployed and underemployed people of color.

“I always say, ‘I love an industry that doesn’t love me back,’” Todd said. “Being young, female and minority, I am often in spaces where people don’t look like me, they don’t reflect my values, they don’t reflect my experiences, and I so persevere in spite of it all.”

According to the U.S. Bureau of Labor Statistics, only 11.2% of the construction workforce across the country are female. Overall, 87.3% of the female construction workers are White, 35.1% are Latinas, 2.1% are Asians, and 6.5% are Black women, the report reveals.

The National Association of Home Builders reported that as of 2022, the states with the largest number of women working in construction were Texas (137,000), California (135,000) and Florida (119,000). The three states alone represent 30% of all women employed in the industry.

Sen. Susan Rubio (D-Baldwin Park) and the California Legislative Women’s Caucus supported Smallwood-Cuevas’ SCR 30 and requested that more energy be poured into bringing awareness to the severe gender gap in the construction field.

“The construction trade are a proven path to a solid career. and we have an ongoing shortage, and this is a time for us to do better breaking down the barriers to help the people get into this sector,” Rubio said.

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Report Offers Policies, Ideas to Improve the Workplace Experiences of Black Women in California

The “Invisible Labor, Visible Struggles: The Intersection of Race, Gender, and Workplace Equity for Black Women in California” report by the California Black Women’s Collective Empowerment Institute (CBWCEI), unveiled the findings of a December 2024 survey of 452 employed Black women across the Golden State. Three-fifths of the participants said they experienced racism or discrimination last year and 57% of the unfair treatment was related to incidents at work.

Published

5 days ago

March 24, 2025

Oakland Post

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By McKenzie Jackson, California Black Media

Backed by data, a report released last month details the numerous hurdles Black women in the Golden State must overcome to effectively contribute and succeed in the workplace.

The “Invisible Labor, Visible Struggles: The Intersection of Race, Gender, and Workplace Equity for Black Women in California” report by the California Black Women’s Collective Empowerment Institute (CBWCEI), unveiled the findings of a December 2024 survey of 452 employed Black women across the Golden State. Three-fifths of the participants said they experienced racism or discrimination last year and 57% of the unfair treatment was related to incidents at work.

CBWCEI President and CEO Kellie Todd Griffin said Black women have been the backbone of communities, industries, and movements but are still overlooked, underpaid, and undervalued at work.

“The data is clear,” she explained. “Systemic racism and sexism are not just historical injustices. They are active forces shaping the workplace experiences of Black women today. This report is a call to action. it demands intentional polices, corporate accountability, and systemic changes.”

The 16-page study, conducted by the public opinion research and strategic consulting firm EVITARUS, showcases the lived workplace experiences of Black women, many who say they are stuck in the crosshairs of discrimination based on gender and race which hinders their work opportunities, advancements, and aspirations, according to the report’s authors, Todd Griffin and CBWCEI researcher Dr. Sharon Uche.

“We wanted to look at how Black women are experiencing the workplace where there are systematic barriers,” Todd Griffin told the media during a press conference co-hosted by Ethnic Media Services and California Black Media. “This report is focused on the invisible labor struggles of Black women throughout California.”

The aspects of the workplace most important to Black women, according to those surveyed, are salary or wage, benefits, and job security.

However, only 21% of the survey’s respondents felt they had strong chances for career advancement into the executive or senior leadership ranks in California’s job market; 49% felt passed over, excluded from, or marginalized at work; and 48% felt their accomplishments at work were undervalued. Thirty-eight percent said they had been thought of as the stereotypical “angry Black woman” at work, and 42% said workplace racism or discrimination effected their physical or mental health.

“These sentiments play a factor in contributing to a workplace that is unsafe and not equitable for Black women in California,” the report reads.

Most Black women said providing for their families and personal fulfillment motivated them to show up to work daily, while 38% said they were dissatisfied in their current job with salary, supervisors, and work environment being the top sources of their discontent.

When asked if they agree or disagree with a statement about their workplace 58% of Black women said they feel supported at work, while 52% said their contributions are acknowledged. Forty-nine percent said they felt empowered.

Uche said Black women are paid $54,000 annually on average — including Black single mothers, who averaged $50,000 — while White men earn an average of $90,000 each year.

“More than half of Black families in California are led by single Black women,” said Uche, who added that the pay gap between Black women and White men isn’t forecasted to close until 2121.