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FTC eliminates disparate impact analysis

Federal Trade Commission (FTC) Building Exterior
Photo: Kevin Carter/Getty Images

The agency is the latest to drop the doctrine pursuant to a 2025 Trump executive order.

Calling it “pernicious,” the FTC has joined a growing list of agencies that have dropped the “disparate impact” theory under the second Trump administration’s “Restoring Equality of Opportunity and Meritocracy” executive order, which directed elimination of the practice.

The agency approved the policy statement and related settlement modifications with

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