exclude minorities from certain neighborhoods without sufficient justification are at the heartland of disparate-impact liability...Recognition of disparate impact liability under the FHA plays an important role in uncovering discriminatory intent: it permits plaintiffs to counteract unconscious prejudices and disguised animus that escape easy classification as disparate treatment." Under the Court's ruling in Inclusive Communities, in order to prove a case of disparate impact housing discrimination, the following must occur: First, a plaintiff must make out a prima facie case, drawing an explicit, causal connection between a policy or practice and the disparate impact or statistical disparity. As Justice Kennedy wrote, "A disparate-impact claim relying on a statistical disparity must fail if the plaintiff cannot point to a defendant's policy or policies causing that disparity." Justice Kennedy also noted that "policies are not contrary to the disparate-impact requirement unless they are artificial, arbitrary, and unnecessary barriers." Second, a defendant must have the opportunity to prove "that the challenged practice is necessary to achieve one or more substantial, legitimate, non-discriminatory interests." If a defendant cannot do so, then a plaintiff's claim of disparate impact must prevail. Finally, if the defendant has "satisfied its burden at step two", the plaintiff may "prevail upon proving that the substantial, legitimate, nondiscriminatory interests supporting the challenged practice could be served by another [i.e. alternative] practice that has a less discriminatory effect." If a plaintiff cannot do so, then their disparate impact claim must fail. Relevant case law Griggs v. Duke Power Company, — established theory of disparate impact; held Title VII of the Civil Rights Act of 1964 authorizes disparate impact lawsuits Lau v. Nichols, Albemarle Paper Co. v. Moody, Washington v. Davis, Village of Arlington Heights v. Metropolitan Housing Development Corp., Teamsters v. United States, Hazelwood School District v. United States, General Bldg. Contractors Assn., Inc. v. Pennsylvania, Guardians Assn. v. Civil Svc. Comm'n, Watson v. Fort Worth Bank & Trust, Town of Huntington v. NAACP, Wards Cove Packing Co. v. Atonio, Alexander v. Sandoval, — held Title VI of the Civil Rights Act of 1964 does not authorize disparate impact lawsuits by private citizens Raytheon Co. v. Hernandez, Smith v. City of Jackson, — held the Age Discrimination in Employment Act of 1967 authorizes disparate impact lawsuits Meacham v. Knolls Atomic Power Laboratory, Ricci v. DeStefano, Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc., — held the Fair Housing Act