Recent Developments in Disparate Impact Regarding Background Checks

Disparate Impact in Multifamily Housing: Policies, Practices, and Compliance

If you've been in the multifamily industry for some time, you've probably heard the phrase "Treat everyone the same, treat everyone the SAME, treat EVERYONE the SAME!" at your yearly fair housing refresher course. Although it was never sound advice, it is now risky and can lead to a fair housing complaint or litigation with the current focus on disparate impact.

No longer are neutral policies automatically safe, and no longer can we deny occupancy to anyone with a felony conviction, or, in many areas, even check their background at all. The list of policies and practices affected by the application of Disparate Impact Theory continues to grow and as is the case with any compliance issues, ignorance is no excuse.

Join Doug Chasick, CPM®, CAPS, CAS, SLE for this informative session to focus on current industry best practices and what HUD is suggesting as guidance regarding criminal background checks. Doug will review the basics of disparate impact theory including the three-step burden shifting process, types of offenses, look-back periods and what is on the horizon for compliance.

Webinar Objectives

• What exactly is Disparate Impact and how does it affect compliance efforts?
• Review most recent fair housing guidance issued by HUD and DOJ.
• Explore the three-step burden shifting process.
• What offenses are considered grounds for denial?
• What is a look-back period and how to determine what is compliant.
• Learn how to strike a balance between risk mitigation and fair housing practices.
• How to communicate in a fair housing compliant manner.
• The very thin line between disrespect and discrimination.
• How to manage the interactive process.

Webinar Highlights

• Types of discrimination
• Difference between the two types of discrimination
• Why “treat everyone the same” is a fast track to a disparate impact complaint.
• How disparate impact affects background checks, which protected classes may experience discrimination and why.
• The three-step process HUD uses when discrimination due to disparate impact is alleged to have occurred.
• Suggestions for offenses that are grounds for denial and look-back periods.
• How to train for fair housing compliance with regard to discrimination due to disparate impact.

Who Should Attend

All on-site and multi-site personnel including Regional/Area Managers, Community Managers, Leasing Managers, Training and HR Professionals.