Case: National Fair Housing Alliance et al. v. Facebook

1:18-cv-02689 | U.S. District Court for the Southern District of New York

Filed Date: March 27, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

On March 27, 2018, four nonprofit fair housing organizations filed this suit in the U.S. District Court for the Southern District of New York. The plaintiffs sued Facebook under the Fair Housing Act, 42 U.S.C. § 3613; two of the plaintiffs also sued under the New York City Human Rights Law. Represented by private and in-house counsel, the plaintiffs alleged that Facebook created categories on its advertising platform that facilitated unlawful housing discrimination in housing ads and sought dec…

On March 27, 2018, four nonprofit fair housing organizations filed this suit in the U.S. District Court for the Southern District of New York. The plaintiffs sued Facebook under the Fair Housing Act, 42 U.S.C. § 3613; two of the plaintiffs also sued under the New York City Human Rights Law. Represented by private and in-house counsel, the plaintiffs alleged that Facebook created categories on its advertising platform that facilitated unlawful housing discrimination in housing ads and sought declaratory and injunctive relief, damages, and attorney’s fees. Specifically, the plaintiffs claimed that Facebook’s advertising tools allowed users to target ads based on sex, family status, disability, national origin, and other protected characteristics in violation of the Fair Housing Act and New York City’s anti-discrimination laws.

This case developed from a series of investigations into Facebook’s advertising tools by the plaintiffs (the National Fair Housing Alliance, the Fair Housing Justice Center, Inc., the Housing Opportunities Project for Excellence, Inc., and the Fair Housing Council of Greater San Antonio). The plaintiffs created and submitted their own ads to Facebook in New York, Washington, D.C., Miami, and San Antonio. According to the plaintiffs, their experiments showed that Facebook allowed advertisers to exclude families with children, women, and users with interests based on disability and national origin. For example, the National Fair Housing Alliance posted ads for a fictional real estate company and requested it not be shown to “parents with toddlers,” “parents with preschoolers,” “parents with early school-age children,” “moms of grade school kids,” and “moms of high school kids;” the Alliance claimed that by combining these exclusions, advertisers could discriminate against people with children. The plaintiffs then conducted similar experiments in other jurisdictions using other protected criteria. (Facebook had previously removed certain race-based targeting methods because of an earlier controversy about “affinity marketing.”)

On June 4, 2018, the defendants motioned to transfer the case to the Northern District of California or, alternatively, to dismiss the case. Facebook argued that, by agreeing to its terms of use when creating their Facebook accounts, the plaintiffs agreed to have their suits litigated in California. Facebook also argued under the first-filed rule that Onuoha v. Facebook, a pending suit in California, had priority over the plaintiffs’ suit. In addition, Facebook argued that the court did not have personal jurisdiction and that the plaintiffs did not have standing. Finally, Facebook argued that it was immune from suit under the Communications Decency Act and that the plaintiffs failed to allege discriminatory conduct by Facebook itself.

On June 25, 2018, the plaintiffs filed an amended complaint. The plaintiffs clarified their original complaint by alleging that Facebook provides a service related to "the business of selling or renting dwellings" under the Fair Housing Act and that its creation of categories was discriminatory. The court (Judge John G. Koeltl) denied Facebook’s motion to transfer or dismiss as moot on July 2, 2018, likely because of the plaintiffs’ amendment. Later that month, Facebook again moved to transfer or dismiss.

Over the course of the fall, the parties briefed the pending motions. They also engaged in settlement talks that yielded a motion to dismiss by the plaintiffs on February 6, 2019, and a motion to re-open the case to enter the settlement on March 16.

In March 2019, Facebook reached settlements in three civil rights cases and two complaints before the Equal Employment Opportunity Commission over ad discrimination on its platform. The settlement included National Fair Housing Alliance v. Facebook (S.D.N.Y), Communications Workers of America v. Facebook (EEOC), Spees v. Facebook (EEOC), Mobley v. Facebook (N.D. Cal.), and Riddick v. Facebook (N.D. Cal.), all available on the Clearinghouse. Facebook COO Sheryl Sandberg commented on the settlement in a blog post: “There is a long history of discrimination in the areas of housing, employment, and credit, and this harmful behavior should not happen through Facebook ads…We can do better.” Sandburg attributed the civil rights audit in Facebook’s decision to settle.

Pursuant to the settlement agreement, specific to National Fair Housing Alliance, Facebook agreed to pay $1,950,000 to plaintiffs for alleged damages. Additionally, Facebook agreed to provide $500,000 in credit for advertising on Facebook to the plaintiffs. Facebook also agreed to create and administer to certain employees a training program on federal housing law in consultation with the National Fair Housing Alliance. The parties agreed that the plaintiffs could continue to run test ads on Facebook to monitor the efficacy of Facebook’s policy changes. And Facebook agreed to meet with the National Fair Housing Alliance at least once every six months to review Facebook’s ad targeting policies.

The parties agreed that Hunter Hughes III or another mutually agreeable mediator would resolve disputes about implementing the settlement agreement before the parties would return to court. The duration of the settlement was defined as a three-year period from the date that Facebook implemented certain reforms about ad creation specified in the agreement. The court approved the settlement on March 29, 2019 and retained jurisdiction to enforce it.

The terms of the settlement included promises by Facebook to make significant changes to their advertising tools to curb the availability of advertisers to target users based on protected characteristics. The changes will affect Facebook, Instagram, and Messenger. Facebook agreed to create a separate portal for ads in areas of housing, employment and credit. The parties agreed to monitor the changes for three years and to study the potential that the algorithm creates unintended bias. Finally, Facebook promised to change how it targets audiences for advertisements without using protected classes like race and gender to generate an audience.

As of April 2020, the settlement was being enforced.

Summary Authors

Cianan Lesley (4/16/2019)

Emma Himes (4/1/2020)

Related Cases

Mobley v. Facebook (Onuoha v. Facebook), Northern District of California (2016)

Riddick v. Facebook, Northern District of California (2018)

Spees v. Facebook, No Court (2018)

Communications Workers of America v. Facebook, No Court (2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6346604/parties/national-fair-housing-alliance-v-facebook-inc/


Judge(s)

Koeltl, John George (New York)

Attorneys(s) for Plaintiff

Berman, David H. (New York)

Houk, Diane Lee (New York)

Rosenfeld, Katherine (New York)

Williams, Morgan Whitney (District of Columbia)

Attorneys(s) for Defendant

Blavin, Jonathan H. (California)

Kennedy, David J. (New York)

Kim, Elizabeth Ann (California)

Patashnik, Joshua (California)

Ring, Rosemarie T (California)

Judge(s)

Koeltl, John George (New York)

Attorneys(s) for Plaintiff

Berman, David H. (New York)

Houk, Diane Lee (New York)

Rosenfeld, Katherine (New York)

Williams, Morgan Whitney (District of Columbia)

Attorneys(s) for Defendant

Blavin, Jonathan H. (California)

Kennedy, David J. (New York)

Kim, Elizabeth Ann (California)

Patashnik, Joshua (California)

Ring, Rosemarie T (California)

Documents in the Clearinghouse

Document

Docket

National Fair Housing Alliance et. al. v. Facebook

March 29, 2019 Docket
1

Complaint

National Fair Housing Alliance et. al. v. Facebook

March 27, 2018 Complaint
33

First Amended Complaint

National Fair Housing Alliance et. al. v. Facebook

June 25, 2018 Complaint
66-2

Settlement Agreement and Release

National Fair Housing Alliance et. al. v. Facebook

March 18, 2019 Settlement Agreement

Resources

Title Description External URL

Facebook Lets Advertisers Exclude Users by Race

Julia Angwin and Terry Parris Jr.

Oct. 28, 2016 https://www.propublica.org/article/facebook-lets-advertisers-exclude-users-by-race

SUMMARY OF SETTLEMENTS BETWEEN CIVIL RIGHTS ADVOCATES AND FACEBOOK

ACLU

May 19, 2019 https://www.aclu.org/other/summary-settlements-between-civil-rights-advocates-and-facebook

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6346604/national-fair-housing-alliance-v-facebook-inc/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against Facebook, Inc.. (Filing Fee $ 400.00, Receipt Number 0208-14859428)Document filed by National Fair Housing Alliance, Fair Housing Council of Greater San Antonio, Housing Opportunities Project For Excellence, Inc., Fair Housing Justice Center, Inc..(Houk, Diane) (Entered: 03/27/2018)

March 27, 2018 RECAP
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CIVIL COVER SHEET filed. (Houk, Diane) (Entered: 03/27/2018)

March 27, 2018 PACER
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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by National Fair Housing Alliance.(Houk, Diane) (Entered: 03/27/2018)

March 27, 2018 PACER
4

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Fair Housing Justice Center, Inc..(Houk, Diane) (Entered: 03/27/2018)

March 27, 2018 PACER
5

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Housing Opportunities Project For Excellence, Inc..(Houk, Diane) (Entered: 03/27/2018)

March 27, 2018 PACER
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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Fair Housing Council of Greater San Antonio.(Houk, Diane) (Entered: 03/27/2018)

March 27, 2018 PACER
7

FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Facebook, Inc., re: 1 Complaint,. Document filed by Fair Housing Council of Greater San Antonio, Fair Housing Justice Center, Inc., Housing Opportunities Project For Excellence, Inc., National Fair Housing Alliance. (Houk, Diane) Modified on 3/28/2018 (pne). (Entered: 03/27/2018)

March 27, 2018 PACER
8

NOTICE OF APPEARANCE by Katherine R. Rosenfeld on behalf of Fair Housing Council of Greater San Antonio, Fair Housing Justice Center, Inc., Housing Opportunities Project For Excellence, Inc., National Fair Housing Alliance. (Rosenfeld, Katherine) (Entered: 03/27/2018)

March 27, 2018 PACER
9

NOTICE OF APPEARANCE by David Benjamin Berman on behalf of Fair Housing Council of Greater San Antonio, Fair Housing Justice Center, Inc., Housing Opportunities Project For Excellence, Inc., National Fair Housing Alliance. (Berman, David) (Entered: 03/27/2018)

March 27, 2018 PACER

***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Diane Lee Houk. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction has been made to your case entry: the County code has been modified to XX Out of State. (pne)

March 28, 2018 PACER

Notice to Attorney Regarding Case Opening Statistical Error Correction

March 28, 2018 PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php. (pne)

March 28, 2018 PACER

Case Opening Initial Assignment Notice

March 28, 2018 PACER

Magistrate Judge Gabriel W. Gorenstein is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php. (pne)

March 28, 2018 PACER

Case Designation

March 28, 2018 PACER

Case Designated ECF. (pne)

March 28, 2018 PACER

Case Designated ECF

March 28, 2018 PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Diane Lee Houk to RE-FILE Document No. 7 Request for Issuance of Summons. The filing is deficient for the following reason: the second party name in the 'To' field must include care of (C/O). Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pne)

March 28, 2018 PACER

Notice to Attorney Regarding Deficient Request for Issuance of Summons

March 28, 2018 PACER
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REQUEST FOR ISSUANCE OF SUMMONS as to Facebook, Inc., re: 1 Complaint,. Document filed by Fair Housing Council of Greater San Antonio, Fair Housing Justice Center, Inc., Housing Opportunities Project For Excellence, Inc., National Fair Housing Alliance. (Houk, Diane) (Entered: 03/28/2018)

March 28, 2018 PACER
11

ELECTRONIC SUMMONS ISSUED as to Facebook, Inc.. (jgo) (Entered: 03/29/2018)

March 29, 2018 PACER
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NOTICE OF COURT CONFERENCE: Initial Conference set for 5/7/2018 at 4:30 PM in Courtroom 14A, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl, and as further set forth in this order. (ap) (Entered: 04/03/2018)

April 3, 2018 RECAP
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MOTION for Elizabeth A. Kim to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14923949. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Facebook, Inc.. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order)(Kim, Elizabeth) (Entered: 04/10/2018)

1 Affidavit

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2 Text of Proposed Order

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April 10, 2018 PACER

Notice Regarding Pro Hac Vice Motion

April 10, 2018 PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 13 MOTION for Elizabeth A. Kim to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14923949. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)

April 10, 2018 PACER
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MOTION for Joshua Patashnik to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14930584. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Facebook, Inc.. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Affidavit of Joshua Patashnik, # 3 Text of Proposed Order)(Patashnik, Joshua) (Entered: 04/11/2018)

1 Exhibit Certificate of Good Standing

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2 Affidavit of Joshua Patashnik

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3 Text of Proposed Order

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April 11, 2018 PACER
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MOTION for Jonathan H. Blavin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14930693. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Facebook, Inc.. (Attachments: # 1 Affidavit in Support of Motion for Admission Pro Hac Vice, # 2 Exhibit (Certificate of Good Standing), # 3 Text of Proposed Order)(Blavin, Jonathan) (Entered: 04/11/2018)

1 Affidavit in Support of Motion for Admission Pro Hac Vice

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2 Exhibit (Certificate of Good Standing)

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3 Text of Proposed Order

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April 11, 2018 PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 15 MOTION for Jonathan H. Blavin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14930693. Motion and supporting papers to be reviewed by Clerk's Office staff., 14 MOTION for Joshua Patashnik to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14930584. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

April 12, 2018 PACER
16

ORDER FOR ADMISSION PRO HAC VICE granting 13 Motion for ELIZABETH A. KIM to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge John G. Koeltl on 4/11/2018) (mml) (Entered: 04/12/2018)

April 12, 2018 PACER
17

ORDER FOR ADMISSION PRO HAC VICE granting 15 Motion for JONATHAN H. BLAVIN to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hae Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge John G. Koeltl on 4/12/2018) (mml) (Entered: 04/12/2018)

April 12, 2018 PACER
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ORDER FOR ADMISSION PRO HAC VICE granting 14 Motion for JOSHUA PATASHNIK to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hae Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge John G. Koeltl on 4/12/2018) (mml) (Entered: 04/12/2018)

April 12, 2018 PACER
19

MOTION for Rosemarie T. Ring to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14933432. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Facebook, Inc.. (Attachments: # 1 Affidavit of Rose Ring ISO, # 2 Text of Proposed Order)(Ring, Rose) (Entered: 04/12/2018)

1 Affidavit of Rose Ring ISO

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2 Text of Proposed Order

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April 12, 2018 PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 19 MOTION for Rosemarie T. Ring to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14933432. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma)

April 12, 2018 PACER
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ORDER FOR ADMISSION PRO HAC VICE granting 19 Motion for ROSEMARIE T. RING to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge John G. Koeltl on 4/17/2018) (mml) (Entered: 04/17/2018)

April 17, 2018 RECAP
21

WAIVER OF SERVICE RETURNED EXECUTED. Facebook, Inc. waiver sent on 4/3/2018, answer due 6/4/2018. Document filed by National Fair Housing Alliance; Fair Housing Council of Greater San Antonio; Housing Opportunities Project For Excellence, Inc.; Fair Housing Justice Center, Inc.. (Berman, David) (Entered: 05/01/2018)

May 1, 2018 RECAP
22

RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Facebook, Inc..(Ring, Rose) (Entered: 05/04/2018)

May 4, 2018 RECAP
23

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Facebook, Inc..(Ring, Rose) (Entered: 05/07/2018)

May 7, 2018 RECAP

Minute Entry for proceedings held before Judge John G. Koeltl: Initial Pretrial Conference held on 5/7/2018. (Fletcher, Donnie)

May 7, 2018 PACER
24

ORDER: As stated at the conference held today, the defendant shall file any motion to transfer and/or any motion to dismiss by June 4, 2018. No pre-motion conference is necessary. The plaintiffs shall respond by July 11, 2018. The defendant shall reply by August 3, 2018. Discovery is stayed until such motions are resolved because the defendant has made a sufficient showing that the proposed motions may be dispositive of the case proceeding in this Court. SO ORDERED. (Motions due by 6/4/2018. Responses due by 7/11/2018. Replies due by 8/3/2018.) (Signed by Judge John G. Koeltl on 5/7/2018) (mml) (Entered: 05/08/2018)

May 8, 2018 RECAP
25

LETTER MOTION for Leave to File Excess Pages addressed to Judge John G. Koeltl from Rosemarie Ring dated 05-25-2018. Document filed by Facebook, Inc..(Ring, Rose) (Entered: 05/25/2018)

May 25, 2018 PACER
26

ORDER granting 25 LETTER MOTION for Leave to File Excess Pages addressed to Judge John G. Koeltl from Rosemarie Ring dated 05-25-2018. Document filed by Facebook, Inc. The Court reluctantly grants the application even though it is difficult to understand why the stated arguments could not be made within the original limits. Length detracts from persuasiveness. So ordered. (Signed by Judge John G. Koeltl on 5/29/2018) (rjm) (Entered: 05/29/2018)

May 29, 2018 PACER
27

MOTION to Transfer Case, or Alternatively to Dismiss Plaintiffs' Complaint. Document filed by Facebook, Inc..(Ring, Rose) (Entered: 06/04/2018)

June 4, 2018 PACER
28

MEMORANDUM OF LAW in Support re: 27 MOTION to Transfer Case, or Alternatively to Dismiss Plaintiffs' Complaint. . Document filed by Facebook, Inc.. (Ring, Rose) (Entered: 06/04/2018)

June 4, 2018 RECAP
29

BRIEF re: 27 MOTION to Transfer Case, or Alternatively to Dismiss Plaintiffs' Complaint. Request for Judicial Notice. Document filed by Facebook, Inc..(Ring, Rose) (Entered: 06/04/2018)

June 4, 2018 RECAP
30

DECLARATION of Rosemarie T. Ring in Support re: 27 MOTION to Transfer Case, or Alternatively to Dismiss Plaintiffs' Complaint.. Document filed by Facebook, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Ring, Rose) (Entered: 06/04/2018)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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June 4, 2018 PACER
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DECLARATION of Michael Duffey in Support re: 27 MOTION to Transfer Case, or Alternatively to Dismiss Plaintiffs' Complaint.. Document filed by Facebook, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Ring, Rose) (Entered: 06/04/2018)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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June 4, 2018 PACER
32

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Morgan Williams to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15225362. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by National Fair Housing Alliance. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Exhibit Affidavit of Morgan Williams in Support of Motion for Admission Pro Hac Vice, # 3 Text of Proposed Order Proposed Order for Admission Pro Hac Vice)(Williams, Morgan) Modified on 6/20/2018 (wb). (Entered: 06/20/2018)

1 Exhibit Certificate of Good Standing

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2 Exhibit Affidavit of Morgan Williams in Support of Motion for Admission Pro Hac

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3 Text of Proposed Order Proposed Order for Admission Pro Hac Vice

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June 20, 2018 PACER

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 32 MOTION for Morgan Williams to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15225362. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): expired Certificate of Good Standing from Supreme Court of Louisiana;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb)

June 20, 2018 PACER
33

FIRST AMENDED COMPLAINT amending 1 Complaint, against Facebook, Inc..Document filed by National Fair Housing Alliance, Fair Housing Council of Greater San Antonio, Housing Opportunities Project For Excellence, Inc., Fair Housing Justice Center, Inc.. Related document: 1 Complaint,.(Berman, David) (Entered: 06/25/2018)

June 25, 2018 RECAP
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ORDER: The parties are directed to appear for a conference in this matter on June 29, 2018, at 11:00 a.m. SO ORDERED. (Status Conference set for 6/29/2018 at 11:00 AM before Judge John G. Koeltl.) (Signed by Judge John G. Koeltl on 6/26/2018) (rro) (Entered: 06/27/2018)

June 27, 2018 PACER
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SEALED DOCUMENT placed in vault.(rz) (Entered: 06/28/2018)

June 28, 2018 PACER
36

LETTER addressed to Judge John G. Koeltl from David B. Berman dated June 29, 2018 re: Proposed Briefing Schedule for Motion to Dismiss Amended Complaint. Document filed by Fair Housing Council of Greater San Antonio, Fair Housing Justice Center, Inc., Housing Opportunities Project For Excellence, Inc., National Fair Housing Alliance.(Berman, David) (Entered: 06/29/2018)

June 29, 2018 PACER

Minute Entry for proceedings held before Judge John G. Koeltl: Oral Argument held on 6/29/2018 re: 27 MOTION to Transfer Case, or Alternatively to Dismiss Plaintiffs' Complaint. Filed by Facebook, Inc. Status Conference held. (Fletcher, Donnie)

June 29, 2018 PACER
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ORDER denying without prejudice 27 Motion to Transfer Case. As stated at the conference held today, the defendant's motion to dismiss and/or transfer is denied without prejudice because it is moot. The Clerk is directed to close the motion at docket number 27. The parties should provide a new briefing schedule for any new motion against the plaintiffs' amended complaint by July 2, 2018. SO ORDERED. (Signed by Judge John G. Koeltl on 6/29/18) (yv) (Entered: 07/02/2018)

July 2, 2018 PACER
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MEMO ENDORSEMENT on re: 36 Letter Proposing Briefing Schedule for Motion to Dismiss, filed by National Fair Housing Alliance, Fair Housing Council of Greater San Antonio, Housing Opportunities Project For Excellence, Inc., Fair Housing Justice Center, Inc. ENDORSEMENT: Application Granted. So Ordered., (Motions due by 7/30/2018., Responses due by 8/24/2018, Replies due by 9/14/2018.) (Signed by Judge John G. Koeltl on 7/2/18) (yv) (Entered: 07/02/2018)

July 2, 2018 PACER
39

MOTION to Transfer Case, or, Alternatively, to Dismiss Plaintiffs' First Amended Complaint. Document filed by Facebook, Inc..(Ring, Rose) (Entered: 07/30/2018)

July 30, 2018 RECAP
40

MEMORANDUM OF LAW in Support re: 39 MOTION to Transfer Case, or, Alternatively, to Dismiss Plaintiffs' First Amended Complaint. . Document filed by Facebook, Inc.. (Ring, Rose) (Entered: 07/30/2018)

July 30, 2018 PACER
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BRIEF re: 39 MOTION to Transfer Case, or, Alternatively, to Dismiss Plaintiffs' First Amended Complaint. Request for Judicial Notice. Document filed by Facebook, Inc..(Ring, Rose) (Entered: 07/30/2018)

July 30, 2018 RECAP
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DECLARATION of Rosemarie T. Ring in Support re: 39 MOTION to Transfer Case, or, Alternatively, to Dismiss Plaintiffs' First Amended Complaint.. Document filed by Facebook, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Ring, Rose) (Entered: 07/30/2018)

1 Exhibit A

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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July 30, 2018 PACER
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DECLARATION of Michael Duffey in Support re: 39 MOTION to Transfer Case, or, Alternatively, to Dismiss Plaintiffs' First Amended Complaint.. Document filed by Facebook, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Ring, Rose) (Entered: 07/30/2018)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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July 30, 2018 PACER
44

SECOND MOTION for Morgan Williams to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by National Fair Housing Alliance. (Attachments: # 1 Exhibit LA Supreme Court Certificate of Good Standing, # 2 Exhibit Affidavit of Morgan Williams in Support of Motion for Admission Pro Hac Vice, # 3 Text of Proposed Order Proposed Order for Admission Pro Hac Vice)(Williams, Morgan) (Entered: 08/07/2018)

1 Exhibit LA Supreme Court Certificate of Good Standing

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2 Exhibit Affidavit of Morgan Williams in Support of Motion for Admission Pro Hac

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3 Text of Proposed Order Proposed Order for Admission Pro Hac Vice

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Aug. 7, 2018 PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 44 SECOND MOTION for Morgan Williams to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

Aug. 7, 2018 PACER
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ORDER FOR ADMISSION PRO HAC VICE granting 44 Motion for Morgan Williams to Appear Pro Hac Vice. (Signed by Judge John G. Koeltl on 8/8/2018) (jwh) (Entered: 08/09/2018)

Aug. 8, 2018 PACER
46

NOTICE OF APPEARANCE by David J Kennedy on behalf of United States. (Kennedy, David) (Entered: 08/17/2018)

Aug. 17, 2018 PACER
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LETTER addressed to Judge John G. Koeltl from David J. Kennedy dated August 17, 2018 re: Filing of Statement of Interest. Document filed by United States.(Kennedy, David) (Entered: 08/17/2018)

Aug. 17, 2018 PACER
48

MEMORANDUM OF LAW in Opposition re: 39 MOTION to Transfer Case, or, Alternatively, to Dismiss Plaintiffs' First Amended Complaint. Statement of Interest of the United States. Document filed by United States. (Kennedy, David) (Entered: 08/17/2018)

Aug. 17, 2018 RECAP
49

MEMORANDUM OF LAW in Opposition re: 39 MOTION to Transfer Case, or, Alternatively, to Dismiss Plaintiffs' First Amended Complaint. . Document filed by Fair Housing Council of Greater San Antonio, Fair Housing Justice Center, Inc., Housing Opportunities Project For Excellence, Inc., National Fair Housing Alliance. (Berman, David) (Entered: 08/24/2018)

Aug. 24, 2018 RECAP
50

DECLARATION of Diane L. Houk in Opposition re: 39 MOTION to Transfer Case, or, Alternatively, to Dismiss Plaintiffs' First Amended Complaint.. Document filed by Fair Housing Council of Greater San Antonio, Fair Housing Justice Center, Inc., Housing Opportunities Project For Excellence, Inc., National Fair Housing Alliance. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Berman, David) (Entered: 08/24/2018)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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Aug. 24, 2018 PACER
51

DECLARATION of Fred Freiberg in Opposition re: 39 MOTION to Transfer Case, or, Alternatively, to Dismiss Plaintiffs' First Amended Complaint.. Document filed by Fair Housing Council of Greater San Antonio, Fair Housing Justice Center, Inc., Housing Opportunities Project For Excellence, Inc., National Fair Housing Alliance. (Berman, David) (Entered: 08/24/2018)

Aug. 24, 2018 PACER
52

DECLARATION of Lisa Rice in Opposition re: 39 MOTION to Transfer Case, or, Alternatively, to Dismiss Plaintiffs' First Amended Complaint.. Document filed by Fair Housing Council of Greater San Antonio, Fair Housing Justice Center, Inc., Housing Opportunities Project For Excellence, Inc., National Fair Housing Alliance. (Berman, David) (Entered: 08/24/2018)

Aug. 24, 2018 PACER
53

DECLARATION of Keenya Robertson in Opposition re: 39 MOTION to Transfer Case, or, Alternatively, to Dismiss Plaintiffs' First Amended Complaint.. Document filed by Fair Housing Council of Greater San Antonio, Fair Housing Justice Center, Inc., Housing Opportunities Project For Excellence, Inc., National Fair Housing Alliance. (Berman, David) (Entered: 08/24/2018)

Aug. 24, 2018 PACER
54

LETTER MOTION for Extension of Time to File Response/Reply and for Additional Words addressed to Judge John G. Koeltl from Rosemarie T. Ring, Counsel for Facebook, Inc. dated August 30, 2018. Document filed by Facebook, Inc..(Ring, Rose) (Entered: 08/30/2018)

Aug. 30, 2018 PACER
55

ORDER granting 54 Letter Motion for Extension of Time to File Response/Reply re 39 MOTION to Transfer Case, or, Alternatively, to Dismiss Plaintiffs' First Amended Complaint. So Ordered. (Replies due by 9/24/2018.) (Signed by Judge Vernon S. Broderick, Part I on 8/31/18) (yv) (Entered: 08/31/2018)

Aug. 31, 2018 RECAP
56

PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Facebook, Inc.. (Ring, Rose) (Entered: 09/05/2018)

Sept. 5, 2018 PACER
57

MEMO ENDORSEMENT on MOTION TO WITHDRAW AS COUNSEL. ENDORSEMENT: Upon consideration, and good cause appearing, it is hereby ORDERED that Defendant's motion to withdraw Joshua Patashnik as counsel in this matter is GRANTED., (Attorney Joshua Patashnik terminated.) (Signed by Judge John G. Koeltl on 9/6/18) (yv) (Entered: 09/06/2018)

Sept. 6, 2018 PACER
58

REPLY MEMORANDUM OF LAW in Support re: 39 MOTION to Transfer Case, or, Alternatively, to Dismiss Plaintiffs' First Amended Complaint. . Document filed by Facebook, Inc.. (Ring, Rose) (Entered: 09/24/2018)

Sept. 24, 2018 RECAP
59

NOTICE OF ORAL ARGUMENT: You are directed to appear for oral argument on the pending motion(s), to be held on Thursday, December 13, 2018, at 10:30am, in Courtroom 14A, before the Honorable John G. Koeltl. All requests for adjournments must hf made in writing to the Court. For any further information, please contact the Court at (212) 805-0107. (Oral Argument set for 12/13/2018 at 10:30 AM in Courtroom 14A, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl.) (yv) (Entered: 11/27/2018)

Nov. 26, 2018 RECAP
60

LETTER addressed to Judge John G. Koeltl from Elizabeth A. Kim dated November 28, 2018 re: Short Continuance of the Oral Argument due to Attorney Unavailability. Document filed by Facebook, Inc..(Kim, Elizabeth) (Entered: 11/29/2018)

Nov. 29, 2018 RECAP
61

MEMO ENDORSEMENT on re: 60 Letter filed by Facebook, Inc. ENDORSEMENT: Argument adjourned to 1/10/19 at 4:30 p.m. ( Oral Argument set for 1/10/2019 at 04:30 PM before Judge John G. Koeltl.) (Signed by Judge John G. Koeltl on 11/29/2018) (mro) (Entered: 11/30/2018)

Nov. 29, 2018 RECAP
62

JOINT LETTER MOTION to Continue to 2-11-2019 the Hearing on Facebook's Motion to Transfer Venue, Or Alternatively to Dismiss Plaintiffs' Complaint [Docket # 35] addressed to Judge John G. Koeltl from Elizabeth A. Kim dated 12-27-2018. Document filed by Facebook, Inc..(Kim, Elizabeth) (Entered: 12/27/2018)

Dec. 27, 2018 RECAP
63

ORDER granting 62 Letter Motion to Continue. APPLICATION GRANTED. The hearing is adjourned to February 11, 2019, at 4:30 p.m. No further adjournments will be granted. (Oral Argument set for 2/11/2019 at 04:30 PM before Judge John G. Koeltl.) (Signed by Judge Vernon S. Broderick, Part 1 on 12/28/2018) (rro) (Entered: 12/28/2018)

Dec. 28, 2018 RECAP

Minute Entry for proceedings held before Judge John G. Koeltl: Telephone Conference held on 2/5/2019. (Court Reporter Rose Prater)(Fletcher, Donnie)

Feb. 5, 2019 PACER
64

PROPOSED STIPULATION AND ORDER. Document filed by Fair Housing Council of Greater San Antonio, Fair Housing Justice Center, Inc., Housing Opportunities Project For Excellence, Inc., National Fair Housing Alliance. (Berman, David) (Entered: 02/06/2019)

Feb. 6, 2019 RECAP
65

STIPULATION AND ORDER FOR DISMISSAL: follows: 1. This action is dismissed without costs and without prejudice to restoring the action to the Court's calendar, provided the motion to restore the action is made within forty-five (45) days of the date of this Order. 2. If the parties do not move to reopen the action within forty-five (45) days of the date of this Order, the action will be dismissed with prejudice. 3. Any application by Plaintiffs to restore the case to the Court's calendar is limited to the following purposes to: a) Transfer the case to the Northern District of California; or b) Restore the case to the Southern District of New York calendar for further proceedings because the parties have not resolved the underlying claims. 4. All pending motions are closed and all court dates are cancelled. SO ORDERED. Motions terminated: 39 MOTION to Transfer Case, or, Alternatively, to Dismiss Plaintiffs' First Amended Complaint. filed by Facebook, Inc.. (Signed by Judge John G. Koeltl on 2/6/2019) (ks) (Entered: 02/06/2019)

Feb. 6, 2019 RECAP
66

LETTER MOTION to Reopen Case addressed to Judge John G. Koeltl from Diane L. Houk dated March 19, 2019. Document filed by Fair Housing Council of Greater San Antonio, Fair Housing Justice Center, Inc., Housing Opportunities Project For Excellence, Inc., National Fair Housing Alliance. (Attachments: # 1 Text of Proposed Order - Stipulation and Order, # 2 Exhibit 1 - Settlement Agreement)(Houk, Diane) (Entered: 03/19/2019)

1 Text of Proposed Order - Stipulation and Order

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2 Exhibit 1 - Settlement Agreement

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March 19, 2019 PACER
67

LETTER MOTION to Reopen Case addressed to Judge John G. Koeltl from Diane L. Houk dated March 28, 2019. Document filed by Fair Housing Council of Greater San Antonio, Fair Housing Justice Center, Inc., Housing Opportunities Project For Excellence, Inc., National Fair Housing Alliance. (Attachments: # 1 Text of Proposed Order Stipulation and Order, # 2 Exhibit 1 - Settlement)(Houk, Diane) (Entered: 03/28/2019)

1 Text of Proposed Order Stipulation and Order

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2 Exhibit 1 - Settlement

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March 28, 2019 PACER
68

STIPULATION AND ORDER... WHEREAS, Plaintiffs and Defendant, through their undersigned counsel, stipulate and agree as follows: This action is reopened and restored to the Court's calendar; This action is hereby dismissed with prejudice, pursuant to the terms of the Settlement Agreement attached hereto as Exhibit 1. The Court shall retain jurisdiction over this action for the sole purpose of enforcing compliance with the terms of the Settlement Agreement and Order. So Ordered., Motions terminated: 67 LETTER MOTION to Reopen Case addressed to Judge John G. Koeltl from Diane L. Houk dated March 28, 2019. filed by National Fair Housing Alliance, Fair Housing Council of Greater San Antonio, Housing Opportunities Project For Excellence, Inc., Fair Housing Justice Center, Inc., 66 LETTER MOTION to Reopen Case addressed to Judge John G. Koeltl from Diane L. Houk dated March 19, 2019. filed by National Fair Housing Alliance, Fair Housing Council of Greater San Antonio, Housing Opportunities Project For Excellence, Inc., Fair Housing Justice Center, Inc. (Signed by Judge John G. Koeltl on 3/28/19) (yv) (Entered: 03/29/2019)

March 29, 2019 RECAP

State / Territory: New York

Case Type(s):

Public Accommodations/Contracting

Key Dates

Filing Date: March 27, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Four nonprofit fair housing organizations.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

ACLU National (all projects)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Facebook Inc., Private Entity/Person

Case Details

Causes of Action:

Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.

State law

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 1,950,000

Order Duration: 2019 - 2022

Content of Injunction:

Comply with advertising/recruiting requirements

Discrimination Prohibition

Other requirements regarding hiring, promotion, retention

Provide antidiscrimination training

Reporting

Training

Issues

General:

Access to public accommodations - privately owned

Disparate Impact

Disparate Treatment

Housing

Website

Discrimination-area:

Housing Sales/Rental

Discrimination-basis:

Disability (inc. reasonable accommodations)

Family discrimination

National origin discrimination

Race discrimination

Sex discrimination

Race:

Black

Race, unspecified

Affected Gender:

Female

Disability:

disability, unspecified

Language:

Spanish

National Origin/Ethnicity:

Hispanic