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“Disparate treatment” may be “overt” (when the creditor openly discriminates on a prohibited basis) or it may be found through comparing the treatment of applicants who receive different treatment for no discernable reason other than a prohibited basis.
discrimination under the ECOA and the FHAct: • Overt evidence of disparate treatment; • Comparative evidence of disparate treatment; and • Evidence of disparate impact. Disparate Treatment The existence of illegal disparate treatment may be established either by statements revealing that a lender explicitly
Disparate treatment occurs when a lender treats a credit applicant differently on the basis of one of the prohibited factors. Showing that, beyond the differ ence in treatment, the treatment was motivated by prejudice or by conscious intention to discriminate against a person is not required.
Download the ECOA model and sample forms. Editable versions of certain forms are provided on the Bureau’s ECOA GitHub page . Appendix B: Model credit application forms
ECOA prohibits discrimination in any aspect of a credit transaction (including oral and written loan applications). ECOA applies to any extension of credit, including those to small businesses, corporations, partnerships, and trusts. ECOA has been amended several times since its enactment in 1974.
evidence of discrimination, disparate treatment, and disparate impact. Overt Evidence of Discrimination occurs when a creditor openly discriminates on a prohibited basis or makes statements indicating a discriminatory preference.
Overt Evidence of Disparate Treatment. There is overt evidence of discrimination when a lender openly discriminates on a prohibited basis. There is overt evidence of discrimination even when a lender expresses — but does not act on — a discriminatory preference: Disparate treatment may more likely occur in the treatment of applicants who ...
