News & Analysis as of

Enforcement Actions Disparate Impact

Venable LLP

FTC Commissioner Claims Agency Creates Favorable Precedent Through Venue Selection

Venable LLP on

During the dog days of August, the Federal Trade Commission (FTC) brought two complaints against auto companies involving alleged deceptive and discriminatory price advertising....more

Ballard Spahr LLP

DOJ Settles Redlining Claim Against ESSA Bank

Ballard Spahr LLP on

The Justice Department (DOJ) recently announced a settlement with ESSA Bank & Trust (ESSA), which has agreed to pay over $3 million to resolve allegations that it engaged in a pattern or practice of redlining in violation of...more

Bilzin Sumberg

Fannie Mae Agrees to Settle REO Discrimination Case

Bilzin Sumberg on

Fannie Mae has reached a historic $53 million settlement with the National Fair Housing Alliance (“NFHA”) and local fair housing organizations throughout the U.S. to resolve racial discrimination claims concerning Fannie...more

Bilzin Sumberg

An Opportune Time For Financial Institutions to Review Their Fair Lending Procedures

Bilzin Sumberg on

At the beginning of his term, President Biden declared that his administration would make it a policy to eliminate “racial bias and other forms of discrimination in all states of home-buying and renting.”...more

K&L Gates LLP

Health Care Triage: OFCCP Enforcement in the Health Care Space

K&L Gates LLP on

Health Care partners Sarah Carlins and Jackie Hoffman interview Labor, Employment, and Workplace Safety partner Craig Leen in this episode of Triage, recorded in collaboration with our Working Wise podcast. As the former...more

King & Spalding

The Implications of a Revived Disparate Impact Doctrine Under a Biden CFPB

King & Spalding on

Every change in presidential administration results in shifts to agencies’ policy priorities and enforcement efforts. In a Biden Administration, the Consumer Financial Protection Bureau (“CFPB” or “Bureau”), in particular,...more

Ballard Spahr LLP

CFPB Files First Ever Redlining Complaint Against a Non-Bank Mortgage Lender

Ballard Spahr LLP on

On July 15, 2020, the CPFB filed a complaint in federal court against Townestone Financial, Inc. (Townestone) representing the first ever redlining complaint against a non-bank mortgage lender. ...more

Hudson Cook, LLP

The FTC, Auto Dealers, and Credit Discrimination: What's Next?

Hudson Cook, LLP on

We have looked at the Federal Trade Commission's sweeping case against Bronx Honda and its general manager. Was this case part of a concerted effort by the FTC to ferret out illegal credit discrimination by automobile...more

Ballard Spahr LLP

FTC settles lawsuit against car dealer alleging discriminatory pricing practices

Ballard Spahr LLP on

The FTC recently announced a settlement of its lawsuit filed in a New York federal district court against a New York City car dealership and its individual general manager in which the FTC alleged that the defendants...more

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden's 2020 Insights

Despite political and economic uncertainties, markets and deal activity were resilient in 2019, and strong fundamentals remain in place heading into 2020. Companies continue to face a challenging litigation and enforcement...more

U.S. Equal Employment Opportunity Commission...

Dollar General to Pay $6 Million to Settle EEOC Class Race Discrimination Suit

Workers Found Scrawled Racial Slurs and Noose at Apple Park Construction Site, Federal Agency Charges - CUPERTINO, Calif. - A San Jose-based electrical subcontractor at the Apple Park construction project, Air Systems Inc....more

Hudson Cook, LLP

Fair Lending Developments: Wrestling with Causation

Hudson Cook, LLP on

The past year saw the lower courts wrestle with the aftermath of the U.S. Supreme Court’s decision in Bank of America Corp. v. City of Miami that, like the Court’s previous ruling in Texas Department of Community Affairs v....more

Whitman Legal Solutions, LLC

How Allowing Smoking in Apartments Can Lead to a Fair Housing Violation

Many major cities have passed laws prohibiting smoking in public areas. However, smoking still remains a challenge for musicians who perform in smoke-filled clubs in cities lacking those laws. But even if smokers can’t...more

Ballard Spahr LLP

Mulvaney comments on enforcement approach, use of disparate impact

Ballard Spahr LLP on

According to a Politico report, CFPB Acting Director Mick Mulvaney, speaking at a Washington, D.C. event, commented on changes to the Bureau’s approach to bringing enforcement actions and the Bureau’s plans to review the use...more

Ballard Spahr LLP

Republican members of House Financial Services Committee release new report on CFPB’s auto finance actions

Ballard Spahr LLP on

Republican members of the House Financial Services Committee recently released a report, prepared by the Republican Staff of the Committee, titled “Unsafe at Any Bureaucracy, Part III: The CFPB’s Vitiated Legal Case Against...more

Ballard Spahr LLP

Director Cordray defends CFPB positions in appearance before Senate Banking Committee; comments on small business lending and...

Ballard Spahr LLP on

Much of Director Cordray’s testimony in his appearance before the Senate Banking Committee yesterday consisted of his predictable defense of various CFPB positions. While the hearing was much less contentious than last...more

McGuireWoods LLP

CFPB Poised to Continue Focused Scrutiny of Indirect Auto Lenders

McGuireWoods LLP on

Earlier this month, the Consumer Financial Protection Bureau (CFPB) announced a joint enforcement action with the Department of Justice (DOJ) against Toyota Motor Credit Corporation (TMCC), an indirect auto lender, which,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Consent Decree Sheds Light on the EEOC’s Interpretation of its Background Check Guidance

On September 8, 2015, BMW Manufacturing Co., LLC and the U.S. Equal Employment Opportunity Commission (EEOC) entered into a consent decree ending the EEOC’s disparate impact lawsuit over BMW’s use of criminal background...more

Faegre Drinker Biddle & Reath LLP

EEOC Criminal Background Check Cases Come With Big Price Tags for All Parties

One of the EEOC's top priorities has been ensuring individuals are not discriminated against based on their criminal histories. In recent years, it has filed multiple headline-grabbing lawsuits related to background checks...more

MoFo Reenforcement

CFPB Brings First ECOA Disparate Impact Action Post-Inclusive Communities

MoFo Reenforcement on

Just over 18 months after bringing a disparate impact-based ECOA case against Ally Financial (“Ally”) for discriminatory auto loan pricing, the CFPB has struck again—this time taking action against American Honda Finance...more

MoFo Reenforcement

Disparate Whatever

MoFo Reenforcement on

The House has approved an amendment aimed at barring the Department of Justice (DOJ) from enforcing the U.S. Department of Housing & Urban Development’s (HUD) fair lending disparate impact rule. The amendment is to H.R. 2578,...more

Cozen O'Connor

EEOC Loses Another Background Check Case

Cozen O'Connor on

The EEOC has taken a lot of heat on its controversial stance of aggressively litigating adverse impact cases involving background checks.  In April, 2012, the EEOC issued a new enforcement guidance seeking to curtail the uses...more

Littler

Two New EEOC Criminal Record Lawsuits Underscore Important Strategic and Practical Considerations for Employers Conducting...

Littler on

In March 2010, an employer successfully persuaded the Equal Employment Opportunity Commission (EEOC) to concede its disparate impact discrimination lawsuit against the employer based on its criminal record screening policies...more

Foley Hoag LLP - Environmental Law

Equal Protection Claims Concerning Disparate Enforcement of Environmental Laws Remain an Uphill Battle

In 2000, in its 2-page per curiam opinion in Village of Willowbrook v. Olech, the Supreme Court gave hope to developers and property owners that the equal protection clause could be used to prevent local zoning and...more

24 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide