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Action required FTC Aug 25, 2026

FTC Abandons Disparate Impact Theory

The FTC announced a significant shift away from pursuing disparate impact and related unfair discrimination theories under the FTC Act.

The FTC announced a significant shift away from pursuing disparate impact and related unfair discrimination theories under the FTC Act.

What changed

FTC will no longer utilize the disparate impact theory for compliance actions.

Compliance perspective

Businesses may experience a shift in regulatory enforcement priorities, easing concerns around disparate impact claims.

Key date

Effective date: August 14, 2026.

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