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Trickle-Down Ledbetter

Garcia v. Brockway -

The effects of Ledbetter are not confined to employment cases. Last week, the Ninth Circuit issued an en banc opinion in a fair housing case that relied heavily on the statute of limitations reasoning employed in Ledbetter.  In Garcia v. Brockway, the court severely limited the enforceability of the Fair Housing Act (FHA)—a law enacted in part to protect disabled people from discrimination in housing.  The court held that under the law, a person claiming that a building’s design or construction fails to meet FHA standards must file a complaint within two years of the completion of construction, rather than within two years of when the disabled person first experiences the discrimination by not being able to access the building.