FTC Announces Policy Shift, Will No Longer Pursue "Disparate Impact" Claims

The Federal Trade Commission (FTC) issued a policy statement declaring it will no longer pursue claims based on disparate-impact or "unfair discrimination" theories. Chairman Andrew N. Ferguson stated that such claims are "nearly impossible to square with our colorblind Constitution" and push businesses toward race-based decisions. This move follows a previous executive order from President Donald Trump aimed at eliminating disparate-impact liability.