“We have concerns about the Department of Justice’s revived use of the 'disparate impact’ theory. This approach can have unintended consequences, such as causing financial institutions to shrink their operations rather than risk litigation. Overly aggressive regimes can make a bank reluctant to lend, hurting the very groups they intend to help.
"The banking industry is committed to a color-blind, discrimination-free lending environment. ABA will continue to work with federal agencies to establish clear criteria on which a bank’s fair lending performance will be judged."
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The American Bankers Association represents banks of all sizes and charters and is the voice for the nation’s $14 trillion banking industry and its two million employees. Learn more at aba.com.