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 UNITED STATES OF AMERICA

 FEDERAL TRADE COMMISSION WASHINGTON, D.C. 20580

Federal Trade Commission (FTC) Equity Action Plan

1. Executive Summary

The Federal Trade Commission (FTC or Commission) is a law enforcement agency that has 

jurisdiction to police unfair methods of competition and unfair or deceptive practices in broad 

sectors of the economy. The agency achieves its mission by pursuing enforcement actions against 

individuals and companies to stop illegal activity, remedying harm caused by that activity, and 

preventing its reoccurrence; developing rules to ensure a fair, competitive, and open marketplace; 

and educating consumers and businesses about their rights and responsibilities.

The FTC is committed to protecting the public, including meaningfully addressing barriers that 

underserved communities face in participating in and benefiting from a fair and thriving 

marketplace. The agency’s enforcement priorities include ensuring that the agency is being 

thorough and fair in evaluating how business practices and potential enforcement responses affect 

the broad range of market participants that the FTC is tasked to protect, including underserved 

communities. Internally, the agency is strengthening its capacity to evaluate equity in its workforce 

and programs by establishing a Chief Diversity Officer position, enhancing its procurement-related 

data collection and analysis, and investing in staff development that supports workplace and 

programmatic equity. 
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2. Summary of Early Accomplishments (since 1/20/21) 

Since its formation, the cross-agency EO 13985 Equity Team has engaged internal stakeholders to 

understand existing equity assessment practices, including the Every Community Initiative (ECI) 

the agency’s Bureau of Consumer Protection (BCP) launched in 2014, and gather ideas for 

strengthening equity in the agency’s programs. The team vetted and prioritized potential focus areas 

and consolidated them into four broad objectives, forming a sub-team for each objective to further 

engage stakeholders, review existing practices, collect data, and develop the contents of this Agency 

Action Plan. 

2021 accomplishments: 

A. In March 2021, the FTC launched ReportFraud.ftc.gov/community, which is a site to help 

legal services organizations serving lower-income populations report fraud and get next 

steps to try to recover their money.

B. In March 2021, Executive Director David Robbins designated Deputy Executive Director 

Monique Fortenberry to lead a cross-agency team to implement EO 13985 and develop a 

roadmap for programmatic equity analysis. The cross-agency team worked together 

throughout the year to develop this Plan.

C. In July 2021, the agency implemented monthly, virtual open Commission meetings during 

which the public is invited to share feedback on the Commission’s work generally and bring 

relevant matters to the Commission’s attention. The meetings are open captioned and the 

agency posts transcripts of the meeting to its public-facing website. This open, interactive 

process is a first in the Commission’s history. 

D. In October 2021, the FTC released “Serving Communities of Color: A Staff Report on the 

Federal Trade Commission’s Efforts to Address Fraud and Consumer Issues Affecting 

Communities of Color.” The report highlights extensive strides the FTC has made in the last 

five years to address fraud in Black and Latino communities as well as efforts to expand this 

work to other communities of color, including Asian-American and Native-American 

communities, and to expand its portfolio to include non-fraud related consumer issues that 

also disproportionately affect communities of color. 

E. In November 2021, the FTC released a preliminary draft Strategic Plan for Fiscal Years 

2022 to 2026 for public review and comment. The plan presents strategic goals and 

objectives for the next five years and describes how the agency will measure success in 

these areas. For the first time in its history, the FTC’s draft Strategic Plan includes 

objectives for its Bureau of Competition (BC) and Bureau of Consumer Protection (BCP) 

that are devoted exclusively to advancing equity and support for communities that have been 

adversely affected by economic inequality or otherwise bear disproportionate economic 

burdens. While the agency has been committed to this work throughout its history, the new 

objectives will enable the agency to better measure success and collect longitudinal data on 

its performance. 
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3. Equity Action Plan

OMB guidance: Please clearly identify three to five actions that your agency plans to undertake 

and list them in order of priority; provide evidence-based reasoning for selection; and outline 

high-level elements of implementation. Actions should address institutional resources available 

to offices responsible for advancing civil rights pursuant to Section 5(d) and procurement and 

contracting pursuant to Section 7(a) of EO 13985, but may focus on other significant priorities 

identified by the agency regardless of whether they were included in the agency’s equity 

assessment.
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4. Action Plan: Equity in Consumer Protection Enforcement

The FTC’s Bureau of Consumer Protection (BCP) plans to develop a toolkit to aid staff in 

evaluating the impact of deceptive or unfair practices in the use of emerging technologies (e.g., 

algorithmic bias and the gig economy) on underserved communities, building on the foundation and 

momentum of the ECI and the agency’s strategic goals. 

A. Barriers to Equitable Outcome(s)

• Companies employing emerging technologies may engage in deceptive or unfair practices 

that are especially harmful to underserved communities. Assessing whether these 

communities are disproportionately impacted is challenging without guidance or resources 

for doing so. 

• Data and reporting limitations make it difficult to spot and quantify disproportionate harms, 

but research shows that certain practices may harm some consumers more than others. 

o “Gig work” companies often recruit individuals in financial distress, offering a flexible 

work schedule and appealing potential earnings. If these companies mislead individuals 

about the job, the individuals may suffer harm due to lost wages, missing tips, and 

wasted time.1 As discussed in the October 2021 FTC Staff Report: Serving 

Communities of Color, research has demonstrated that workers in the gig economy are 

disproportionately people of color.2 Thirty percent of Hispanic adults, 20% of Black 

adults, and 19% of Asian adults report having engaged in gig work, compared to only 

12% of White adults.3

o Instances of algorithmic bias in the criminal justice system and healthcare are 

documented. For example, there is evidence that facial recognition algorithms 

mischaracterize identities of people of color more often than White individuals,4

potentially resulting in wrongful arrest and other harms.5

 In healthcare, an algorithm 

that allocated resources to patients based on need inadvertently allocated more resources 

to White individuals because predicted health costs were an input to the decisionmaking.6 Since algorithms are used in a wide range of consumer contexts, including in 

targeted advertising online, lending decisions, and virtual exam proctoring, algorithmic 

1 See, e.g., https://www.ftc.gov/news-events/press-releases/2021/10/ftc-puts-businesses-notice-false-moneymaking-claims-could-lead; https://www.ftc.gov/news-events/press-releases/2017/01/uber-agrees-pay-20-

million-settle-ftc-charges-it-recruited; https://www.ftc.gov/news-events/press-releases/2021/02/amazon-pay617-million-settle-ftc-charges-it-withheld-some. 2 https://www.ftc.gov/system/files/documents/reports/serving-communities-color-staff-report-federal-tradecommissions-efforts-address-fraud-consumer/ftc-communities-color-report_oct_2021-508-v2.pdf. 3 Pew Research Center, The State of Gig Work in 2021, https://www.pewresearch.org/internet/2021/12/08/thestate-of-gig-work-in-2021/. 4 See, e.g., Patrick Grother et al., Face Recognition Vendor Test (FRVT)

Part 3: Demographic Effects, NIST at 7-8 (Dec. 19, 2019), 

https://nvlpubs.nist.gov/nistpubs/ir/2019/NIST.IR.8280.pdf. 5 See, e.g., Kashmir Hill, Another Arrest and Jail Time, Due to a Bad Facial Recognition Match, N.Y. TIMES 

(Jan. 6, 2021), https://www.nytimes.com/2020/12/29/technology/facial-recognition-misidentify-jail.html. 6 See, e.g., https://www.sciencenews.org/article/bias-common-health-care-algorithm-hurts-black-patients.
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decision-making has the potential to result in similarly biased and unfair outcomes in 

these spheres.7

B. Actions and Intended Impacts on Barrier

• BCP plans to develop a toolkit for assessing whether certain communities are 

disproportionately suffering losses as a result of unfair or deceptive practices in the use of 

emerging technologies. 

• If BCP identifies new law enforcement actions, it will seek to bar further harms through 

injunctive relief and compensate consumers where possible. Increased outreach will warn 

consumers in those communities, potentially helping them avoid harm. Holding firms 

accountable for this behavior and bringing light to the consequences may also encourage 

other market actors to take steps to prevent these impacts. 

C. Tracking Progress

• Short term (2-4 years out): 

o Have we implemented the new toolkit and directed resources toward this effort?

o Have the efforts resulted in law enforcement actions?

o Are market actors responding to our efforts?

• Long-term (5-8 years out):

o Use of the toolkit is embedded in staff’s work.

o Robust law enforcement, community outreach, and new policies or initiatives (e.g., 

rulemakings, market studies, or other initiatives) that address relative harms to different 

market participants, including underserved communities. 

o Market actors affirmatively avoiding disparate harm to market participants, including 

underserved communities.

D. Accountability 

The Commission will hold itself accountable to implementing these strategic priorities through its 

existing planning and monitoring processes. Progress on actions and objectives will be monitored 

and updated on a regular basis.

7 See, e.g., https://news.northeastern.edu/2019/04/11/a-northeastern-university-team-tested-facebooksalgorithm-and-found-its-delivery-of-advertisements-is-skewed-by-race-and-gender/; 

https://www.theverge.com/2021/4/8/22374386/proctorio-racial-bias-issues-opencv-facial-detection-schoolstests-remote-learning; https://www.nber.org/papers/w25943.
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5. Action Plan: Equity in Antitrust Enforcement 

The FTC’s Bureau of Competition (BC) plans to revise its case selection and evaluation process by 

1) systematically collecting information regarding the impact of proposed mergers and alleged 

anticompetitive conduct on communities that are already at a disadvantage in the American 

economy, particularly low-income communities, rural communities, and communities of color; and 

2) including restrictive covenants and effects on workers, particularly low-wage workers, in BC’s 

merger analysis. Supporting BC’s case selection and evaluation process with this additional 

information will enable the Commission to ensure it is focusing its resources on cases that promote 

a fair and equitable marketplace for all.

A. Barrier to Equitable Outcome(s)

• BC does not have sufficient resources to address all potential violations of the laws 

enforced by the Commission. Therefore, BC must evaluate and select which cases to 

investigate, thereby determining the sectors of the economy and the individuals who will 

benefit most.

• BC has typically selected cases based on the significance of potential harm, the strength 

of evidence of harm, and the impact of the potential remedy. BC has considered the 

impact on specific communities in individual cases, particularly those where the relevant 

products are used by target groups, e.g., seniors or special-needs children. However, it 

has not systematically collected and considered this type of information in case 

selection. The absence of this data has prevented BC from completing a holistic and 

thorough evaluation of the potential impact on the marketplace.

• Historically, BC has not systematically included an evaluation of whether a proposed 

transaction will negatively impact workers or enhance the ability of the parties to use 

restrictive covenants as barriers to entry as part of merger and conduct investigations. 

For example, mergers of large health systems may result in lower wages for nurses or 

lab technicians. Additionally, some scholars have suggested that large supermarkets may 

utilize restrictive real estate covenants to limit the ability of rivals to open stores, 

resulting in “food deserts” that disproportionately affect low-income communities and 

communities of color. Acquisitions by large supermarkets may exacerbate this problem. 

These activities are particularly harmful to low-wage workers and low-income 

communities.

B. Action and Intended Impact on Barrier

• To promote equity and inclusion in antitrust enforcement, BC must have the necessary 

information and a process for incorporating that information into agency decisionmaking. Therefore, BC plans to update two aspects of BC’s competition processes. First, 

BC will update its case selection and evaluation process by systematically collecting 

available information regarding the impact of proposed mergers and alleged 

anticompetitive conduct on underserved communities. For example, when specific 

geographic areas are affected, BC plans to systematically identify whether those areas 
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include low-income, rural, and communities of color. The second modification will be to 

ensure that merger analysis includes effects on workers and restrictive covenants. 

• BC staff will continue ongoing efforts to develop—and refine—information requests 

(via voluntary access letters, second requests, and civil investigative demands) in merger 

and anticompetitive conduct cases to solicit information about the impact of transactions 

on underserved communities. One critical aspect of this endeavor will be the consistent 

inclusion of information requests seeking information about how merging parties 

compete in labor markets. These requests will produce documents, data, and other 

information that will help BC identify workers who may be particularly vulnerable to 

post-merger exercises in market power (e.g., lower compensation). BC also plans to seek 

to solicit information from a broader array of market participants, such as labor unions, 

that may not have been routinely considered in prior investigations. BC may also seek 

information about the incentive and ability of the merging firms to use restrictive 

covenants to prevent entry by rivals. 

C. Tracking Progress and Accountability

The Commission will hold itself accountable to implementing these strategic priorities through 

its existing planning and monitoring processes. Progress on actions and objectives will be 

monitored and updated on a regular basis.

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6. Action Plan: Advance Equity by Expanding Institutional Equity Resources and Training 

Staff on Equity Principles

The FTC plans to expand the institutional resources it devotes to equity by hiring a Chief Diversity 

Officer who will develop and help implement a long-term strategic roadmap for equity at the FTC, 

including the personnel, financial, and operational resources needed to support equity. The agency 

also plans to procure equity training that addresses equity in programs and operations, in addition to 

existing agency training that addresses organizational equity. These investments will position the 

FTC to take a more holistic approach to its work and better protect consumers, workers, and honest 

business owners, including underserved communities.

A. Barrier to Equitable Outcome(s)

• Employees across the agency are working on a range of formal and informal equity 

initiatives, but the agency does not currently have a centralized hub for coordinating, 

tracking, amplifying, and leading programmatic equity work.

• In addition, the FTC workforce has varying levels of familiarity with equity principles and, 

therefore, varying abilities to apply equity analysis to the FTC’s work. For example, BCP 

has long-standing expertise in this area as reflected in its Every Community Initiative, its 

recently released Serving Communities of Color report, and its enforcement of fair lending 

laws. Other offices are committed to organizational equity but do not yet have deep roots in 

program-focused equity analysis. 

B. Action and Intended Impact on Barrier

• To address these internal barriers, the Commission plans to hire a Chief Diversity Officer 

(CDO) in 2022. This position will bring additional equity expertise to the agency, support a 

broad array of equity related initiatives and strategic objectives, and, among other things, 

develop recommendations to make additional infrastructure investments to support equity in 

the FTC’s programs and operations. Pending the completion of this hiring process, the 

agency will continue to lead implementation of its programmatic equity work at the 

executive level in coordination with the Office of the Executive Director and other internal 

stakeholders. 

• The Commission plans to procure training that supports a broader understanding of how 

equity principles apply to agency programs. The agency will deploy this training in phases, 

starting with employees who are implementing equity-related Executive Orders, leading 

equity initiatives, and developing the agency’s Strategic Plan. In consultation with a newly 

appointed Chief Diversity Officer, the EEOWI Director, and the Human Capital 

Management Office, the agency will evaluate broader developmental opportunities in the 

equity space for staff and managers.
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C. Tracking Progress

• Short term success (2-4 years out): The agency will hire a Chief Diversity Officer and 

deliver equity training in phases, as informed by the newly hired CDO’s plans.

• Long term success (5-8 years out): Specific measures of progress are described in the Action 

Plans and the agency will develop additional measures in coordination with the newly hired 

Chief Diversity Officer. 

D. Accountability 

The Commission will hold itself accountable to implementing these strategic priorities through 

its existing planning and monitoring processes. Progress on actions and objectives will be 

monitored and updated on a regular basis.

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7. Action Plan: Equity in Procurement and Contracting 

The FTC intends to (1) procure training for its skilled acquisition workforce to increase awareness 

of opportunities to embed equity analysis in contracting operations and (2) collect and analyze data 

that will enable the FTC to better support the small business community, including historically 

disadvantaged and underrepresented entrepreneurs. 

A. Barriers to Equitable Outcome(s)

The agency exceeds government-wide goals for small business contracting and plans to identify 

more opportunities to support Small Disadvantaged Businesses, women-owned small businesses, 

service-disabled veteran owned small businesses, and small business contractors in Historically 

Underutilized Business Zones. The agency maintains statistics on small business participation but 

does not currently analyze the data to identify and track participation of subgroups within the small 

business community. 

B. Action and Intended Impact on Barrier

To address these barriers to equitable outcomes the agency intends to:

• Collect and analyze more granular data on the kind of small business each offeror is, 

enabling the agency to perform a more detailed barrier analysis, note trends in small 

business contracting, and develop targeted outreach to support access to contracting 

opportunities.

• Procure training to expand the skilled acquisition workforce’s awareness of equity analysis, 

as framed in EO 13985, and in connection with the FTC’s plan to train employees involved 

in implementing the EO. 

C. Tracking Progress

• Short term (1-3 years out): 

o Collect and analyze small businesses contractor data, including data indicating whether 

the business is disadvantaged or otherwise traditionally underserved. 

o Procure equity training for the FTC’s acquisition workforce. 

• Long term success (5-8 years out): A successful long-term outcome will be continuing to 

exceed government-wide goals for small business contracting, having fuller data sets to 

inform policy priorities, and providing periodic refresher training for acquisitions staff.

D. Accountability

The Commission will hold itself accountable to implementing these strategic priorities through 

its existing planning and monitoring processes. Progress on actions and objectives will be 

monitored and updated on a regular basis.