Along with Disability Rights Advocates and the Disability Rights Education and Defense Fund, the Impact Fund has written an amicus brief urging the California Supreme Court to recognize that turning users away through discriminatory terms of service or other actions is illegal discrimination, and that users who are deterred by discriminatory terms should be able to bring legal claims in court.
Last month, we received a ruling from the U.S. Court of Appeals for the Third Circuit in the case Hassan et al v. The City of New York that created the first precedent to suggest that American Muslims should be free from suspicionless surveillance based solely upon their religion, notwithstanding government claims of national security. The District Court had dismissed our challenge to the New York City Police Department’s Muslim spying program, which the Court of Appeals overturned in spectacular fashion.
More favorable class action news to report from the Seventh Circuit. In an opinion by Judge Rovner, the Seventh Circuit reversed the denial of class certification for a class of African-American teachers alleging race discrimination arising from the Chicago School Board’s closure of 10 schools as part of its “turnaround” program. Chicago Teachers Union et al. v. Board of Educ. of the City of Chicago, 2015 WL 4667904 (7th Cir. Aug. 7, 2015). The decision interprets Wal-Mart Stores v. Dukes to permit a challenge to a multi-step process, which includes both objective and subjective phases.