A sharply divided U.S. Supreme Court announced its decision in Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc. on June 25, 2015, holding that disparate impact claims are cognizable under the Fair Housing Act.

Inclusive Communities does not resolve the question of whether disparate impact claims are cognizable under the Equal Credit Opportunity Act.  We have prepared an analysis of the decision in which we discuss the considerations identified by the Court as the basis for its holding with respect to the FHA and explain how the decision thereby serves to highlight material differences between the FHA and the ECOA.