Topic
Disparate Impact
425 published works
Consumer Financial Services Law Monitor
Troutman Pepper Locke Weekly Consumer Financial Services Newsletter – November 3, 2026
To keep receiving your weekly insights, all you need to do is subscribe to our new Consumer Financial Services Weekly Newsletter — it's quick and easy. We'll see you there!…
Consumer Financial Services Law Monitor
New Lawsuit Challenges CFPB’s Regulation B/Subpart A Overhaul
By Lori Sommerfield, Chris Willis, Lane Page
On October 29, the National Urban League (NUL) and the Massachusetts Association of Community Development Corporations (MACDC) filed suit in the U.S. District Court for the District of Massachusetts challenging…
Jotwell
In Search of A Simple Test for Job Discrimination
In 1978, federal agencies enforcing employment discrimination law agreed to a “rule of thumb” to keep agency “attention on serious discrepancies” in rates of hiring, promotion and other employee selection…
Ogletree Deakins Insights
EEOC Sends OIRA Final Rule Rescinding Uniform Guidelines on Employee Selection Procedures
By By T. Scott Kelly, Nonnie L. Shivers
Quick Hits The rule would withdraw what the EEOC describes as the UGESP’s “interpretive” portions, which likely include its guidance on identifying adverse impact and validating employment tests and other…
Consumer Financial Services Law Monitor
CFPB’s 2025 Fair Lending Report Chronicles Major Shift in Fair Lending Examination, Supervision, and Enforcement
By Lori Sommerfield, Chris Willis, Lane Page
On October 1, the Consumer Financial Protection Bureau (CFPB or Bureau) released its Fair Lending Report for 2025, documenting a significant overhaul of the Bureau's fair lending program under current…
Ogletree Deakins Insights
EEOC Moves to Revoke Long-Standing Guidance on Criminal Background Checks
By By: Stephen R. Woods, Gustavo A. Surez, Publisher, Amie M. Willis
Quick Hits The EEOC has submitted a draft to rescind its 2012 enforcement guidance related to using arrest and conviction records in employment decisions. The 2012 guidance indicated that an…
Consumer Financial Services Review
California Enacts its Fair Lending Examination Act
California Governor Newsom signed a slate of legislation on September 30, 2026, including Assembly Bill 801, the California Fair Lending Examination Act. The Act (or AB 801) establishes a new…
Ogletree Deakins Insights
SBA Drops Disparate Impact but Says Workforce Data Can Still Prove Intent
By By T. Scott Kelly, Nonnie L. Shivers, Publisher, Cameron W. Ellis
Quick Hits On September 29, 2026, the SBA removed disparate impact liability and race-conscious affirmative action requirements from 13 CFR Part 112, effective immediately, without prior notice and comment. The…
Ogletree Deakins Insights
Fourteen States Remind Employers: Disparate Impact Enforcement Is Not Going Away
By By T. Scott Kelly, Nonnie L. Shivers, Publisher, Zachary V. Zagger
Quick Hits The attorneys general of California, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Mexico, New York, Oregon, Vermont, and Washington issued joint guidance explaining why the disparate…
Consumer Finance Monitor
MBA Sues New Jersey Over Disparate Impact Rule
By Richard J. Andreano, Jr., John L. Culhane, Jr.
The Mortgage Bankers Association (MBA) recently filed a lawsuit in the U.S. district court for the district of New Jersey challenging the disparate impact rules adopted by the state. In…