FEDERALCourt of Appeals for the Fourth Circuit
2010

Equal Rights Center v. NILES BOLTON ASSOCIATES

602 F.3d 597Court of Appeals for the Fourth Circuit • Decided 2010Enforced
FLAGSHIPBroad IndemnificationCited 308 times

HOLDING

A developer tried to pass discrimination liability to its architect through an indemnification clause in their contract. The court ruled that federal fair housing and disability laws don't allow this. Developers and general contractors cannot shift their legal duty to comply with anti-discrimination laws to subcontractors or design professionals. This means you can't be forced to indemnify a client for their discrimination violations.

KEY FINDINGS

Broad Indemnification

Broad indemnification clauses that cover discrimination violations are unenforceable and void under federal law

FULL COURT OPINION