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Disparate Impact Endures

Supreme Court ruling does not fundamentally change the overall regulatory environment for credit unions.

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Attorneys and compliance specialists agreed that while the Supreme Court’s June 18 ruling affirming the legality of disparate impact drew some impassioned reactions from critics, it did not fundamentally change the overall regulatory environment for credit unions.

Using disparate impact, plaintiffs in discrimination cases can use statistical data to prove that a lender’s policy negatively affects a protected class of consumers, even if the lender did not intend to discriminate.

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