Discrimination and Exclusion

Abstract

This chapter reconsiders the persistent problems of discrimination and exclusion in light of psychology research on prejudice and bias. It focuses on three important topics in housing and land use law. First, it examines whether disparate impact claims (i.e., discrimination claims against facially neutral housing policies that have discriminatory effects but lack evidence of discriminatory intent) have the potential to redress implicit, largely unconscious bias. Second, it describes how psychology research on the effect of perceived social norms on prejudice lends support to a controversial provision of the US Fair Housing Act, which prohibits discriminatory housing advertisements and statements. Third, the chapter discusses how psychology research can inform, and ameliorate, exclusion and discrimination in neighborhood and block associations charged with budgeting, zoning, or spending powers.