Justice Department Secures $30M Settlement with PayPal Over Unlawful DEI Investment Program

Today, the Justice Department announced a settlement with PayPal Inc. to resolve a fair lending investigation into a discriminatory investment program created for black and minority-owned businesses. The settlement requires PayPal to launch a new Small Business Initiative that excludes criteria based on race, national origin, or other protected characteristics. As part of the initiative, PayPal will waive processing fees for $1 billion of transactions - a value of approximately $30 million - for eligible American small businesses that are veteran-owned or engaged in farming, manufacturing, or technology.

"This Department of Justice is delivering on President Trump's vow to root out illegal DEI from every corner of corporate America," said Acting Attorney General Todd Blanche. "American corporations are on notice: you will face our aggressive enforcement if you use race or national origin to discriminate against qualified Americans."

"With this settlement, PayPal agrees that race and national origin should play no part in determining which small businesses deserve its investment and financial support," said Assistant Attorney General Harmeet K. Dhillon of the Justice Department's Civil Rights Division. "The Department will use the full range of its enforcement authorities to eliminate discrimination and ensure that all Americans have an equal opportunity to grow their small businesses."

In addition to fee waivers, as part of the settlement PayPal will designate a director of the Small Business Initiative, conduct an assessment of the needs of American small businesses and determine how PayPal can best support them, submit plans and proposals for the initiative to the United States, provide training to employees on the Equal Credit Opportunity Act, and report on the initiative annually.

PayPal announced the discriminatory Economic Opportunity Fund in 2020 to invest in black and minority-owned businesses. While the program gave a preference to businesses based on race, color, and national origin, it was not implemented to remediate any specific instances of past discrimination.

The Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age, because an applicant receives income from a public assistance program, or because an applicant has in good faith exercised any right under the Consumer Credit Protection Act. Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt.