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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.
“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.
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.
28 Ιαν 2019 · Comparative vs Overt Disparate Treatment. Disparate treatment occurs when a protected class applicant is treated differently than other applicant during any part of the credit process. Specifically, the courts have recognized two different types of disparate treatment: comparative evidence of disparate treatment and overt evidence of disparate ...
Overt Evidence of Disparate Treatment. There is overt evidence of discrimination when a lender openly discriminates on a prohibited basis. Example: A lender offered a credit card with a limit of up to $750 for applicants aged 21-30 and $1500 for applicants over 30. This policy violated the ECOA’s prohibition on discrimination based on age ...
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
“disparate treatment ” (i.e., intentional) discrimination that violates federal fair lending laws such as the Fair Housing Act and the Equal Credit Opportunity Act (ECOA). For example, in 2009, the agencies defined the
