The Federal Deposit Insurance Corporation has updated its Consumer Compliance Examination Manual to reflect that it will evaluate potential discrimination under the Equal Credit Opportunity Act and the Fair Housing Act only through evidence of disparate treatment. The update applies to all FDIC-supervised financial institutions. Changes include revisions to Sections 1.1, 2.1, and 4.1 of Section IV (Fair Lending Laws and Regulations) to remove all references to disparate impact and how to evaluate disparate impact risk, and an update to Section VII-1.1 (Unfair, Deceptive, and Abusive Practices under the Federal Trade Commission Act and the Dodd-Frank Act) to remove reference to disparate impact. The FDIC also provided a redline document to identify all changes.
Federal Deposit Insurance Corporation 2025-08-29
Federal Deposit Insurance Corporation updates Consumer Compliance Examination Manual to evaluate ECOA and Fair Housing Act discrimination only through disparate treatment evidence
The FDIC has revised its Consumer Compliance Examination Manual to assess discrimination under the Equal Credit Opportunity Act and the Fair Housing Act solely through evidence of disparate treatment. This update, for all FDIC-supervised financial institutions, removes references to disparate impact in Sections 1.1, 2.1, and 4.1 of Section IV and Section VII-1.1. A redline document highlights all changes.