HUD to Propose Changes to Disparate Impact Regs

The Office of Information and Regulatory Affairs (OIRA) at the Office of Management and Budget (OMB) recently cleared HUD’s proposed changes to the disparate impact regulations. The update to HUD’s 2013 disparate impact rule would require plaintiffs to meet a five-step threshold to prove unintentional discrimination, replacing the current three-step “burden-shifting” approach.