Disparate Impact

Len Suzio explains that although President Trump’s Executive Order 14281 aims to limit disparate impact liability, the legal status of disparate impact remains unsettled. The Supreme Court upheld disparate impact under the Fair Housing Act in Inclusive Communities but imposed strict limits requiring a clear causal link between a specific practice and disparities—limits often downplayed by regulators in recent enforcement actions.

Despite legal uncertainty and shifting enforcement priorities between administrations, Len advises compliance professionals to continue using disparate impact statistical analysis as a risk-management tool. Regardless of its legal future, it remains a practical way to identify potential discrimination, prompt further review, and demonstrate good-faith compliance.

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