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The disparate impact theory of discrimination allows a party to establish discrimination based solely on the results of a neutral policy. Disparate impact is distinct from disparate treatment because a party is not required to show any intent to discriminate. To establish a disparate impact claim, a government agency or private plaintiff
Disparate impact testing requires quantitatively testing models for fairness with respect to classes of borrowers protected under the Equal Credit Opportunity Act (ECOA)1 or Fair Housing Act (FHA).2 It is fundamentally different from traditional fair lending analyses that look to uncover differences in outcomes across groups due to differential ...
11 Μαΐ 2023 · In lending, when a policy or practice that’s otherwise neutral to a protected minority but then disproportionately burdens or excludes that minority, it’s known as disparate impact.
11 Δεκ 2015 · answer some foundational questions about how the theory of disparate impact will be applied to mortgage lenders moving forward. It also makes a normative argu-ment for judicial acceptance of this theory and continued governmental enforce-ment of fair lending laws.
To hold lenders accountable for the racially discriminatory effects of their mortgage lending practices, federal prosecutors and financial regulators applied the theory of disparate impact to fair lending laws for the first time.
23 Μαΐ 2024 · Understanding and addressing disparate impact is crucial for ensuring fair lending practices. Read along with Jon Tavares as he dives into the concept of disparate impact, its implications for financial institutions, and strategies to mitigate associated risks.
Summary of “Disparate Impact” Application Under Wards Cove” A plaintiff must: 1. Identify the specific policy or practice of the defendant; 2. Establish a disparate impact through the use of statistical evidence; and 3. Prove the existence of a causal link between the identified policy and the disparate impact.
