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

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.

Brought to you by GeoDataVision and M&M Consulting

Episoder(100)

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Len explains that the OCC issued a December 18, 2025 proposal to create a “Simplified Plan Process for Community Banks” to make the CRA strategic plan option easier, but he believes its real value ext...

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This podcast highlights sweeping changes proposed for Section 1071 Rule that would dramatically shrink the volume of reportable small business lending and the number of institutions required to report...

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This podcast explains how statistical significance is used in redlining allegations based on disparate impact, despite potential deemphasis under the Trump Administration, as regulators may shift accu...

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