ALEXANDRIA, Va.– NCUA Thursday announced its removal of all references to disparate impact liability from its Fair Lending Guide and other issuances.
The agency said the updates follow with White House Executive Order 14281 (Restoring Equality of Opportunity and Meritocracy), which directs federal agencies to eliminate the use of disparate impact liability in all contexts.
The NCUA’s examination and supervision processes will no longer include reviews for disparate impact and the agency will no longer request, review, or conclude or follow-up on:
- Matters related to a credit union’s disparate impact risk
- Internal disparate-impact risk analysis
- Disparate-impact risk assessment processes or procedures
"Consistent with applicable law, the NCUA will continue to conduct fair lending examinations and risk assessments and take appropriate action if evidence of disparate treatment or other violations are found," the agency said.