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Program in Public Law


Meyer v. Holley

Plaintiffs, prospective homebuyers, filed a complaint against a realty company, a real estate agent, and the president of the company individually, for violation of the Fair Housing Act (FHA). The district court dismissed the action against the president, holding that the illegal actions of the agent could be imputed to the company but not the president of the company individually. The court of appeals reversed, holding that the FHA allows vicarious liability for corporate shareholders and directors because it specifically provides for liability for those who direct or control, or have the right to direct or control, the conduct of another in a residential real estate transaction.

Question Presented:
Did the Ninth Circuit properly conclude that criteria under the FHA permit owners and officers of corporations to be absolutely liable for an employee's or agent's violation of the act, whether or not they personally directed, authorized, or were even aware of the particular discriminatory acts that occurred?

Decision under Review

Supreme Court opinion

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