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Final rule · effective September 29

SBA final rule removes disparate-impact provisions from its Title VI regulations

SBA’s September 29 final rule, effective that day, amends 13 CFR part 112 governing nondiscrimination in federally assisted SBA programs. It removes specified affirmative-action and disparate-impact provisions and narrows the employment provision. SBA says it will not pursue Title VI disparate-impact liability under this framework.

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Analysis

Analysis: The scope matters for lenders and program participants: this rule changes SBA’s part 112 text. It does not amend ECOA, Regulation B or the Fair Housing Act. Intentional race, color and national-origin discrimination remains prohibited under the SBA framework, and the preamble says statistical disparities may still be evidence of intentional discrimination. Review program procedures against the operative amendments rather than treating the headline as permission to disregard other fair-lending obligations. SBA’s constitutional and statutory reasoning is the agency’s stated rationale.

What remains uncertain

This is a final agency rule with a stated September 29 effective date, not a court decision resolving every potential challenge. No blanket review of all related litigation is claimed.

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