Disparate Impact Derailed? What EO 14-281 Means for Fair Lending

Hosts Dean Stockford and Len Suzio welcome back attorney Lori Sommerfield, a partner at Troutman Pepper Locke LLP, to continue their two-part discussion of Executive Order 14-281 and its effort to curb disparate impact theory in fair lending enforcement.

The episode covers the legal landscape post-EO, including the Supreme Court’s history, lingering federal versus state authority, private litigation risks, and practical steps lenders should take—retain strong fair lending programs, document business justifications, test for less discriminatory alternatives, and prepare for future reversals.

Listeners get clear, practical guidance for compliance teams navigating uncertainty as enforcement shifts between federal agencies, state regulators, and private plaintiffs.

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