The past 40 years have seen significant divergence between the US and UK around the law on indirect discrimination

At the end of June, the United States Supreme Court’s ruling Texas Department of Housing v Inclusive Communities Project held that the Fair Housing Act prohibited both direct and indirect discrimination based on race. Tarunabh Khaitan writes that since the 1970s, the US has focused on the discriminators while in the UK, the impact of a policy on the victim, not the intent of those making it, has become much more important.