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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 ...
13 Μαΐ 2017 · 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. Unclear, however, is what legal standards exist to evaluate allegations of discriminatory effects in this industry.
This chapter tracks the rise of disparate impact lending litigation and how subsequent decisions of the Supreme Court and circuit courts have limited the viability of such claims.
Although defendant did not have discriminatory animus or consider an impermissible characteristic, the application of a specific business policy or practice nonetheless had a “disparate impact” on particular groups, such as racial or ethnic minorities. What is it? Whose Intent is at issue?
exercised in loan pricing had a “disparate impact” on minority borrowers, which regulatory enforcement agencies consider to constitute illegal discrimination under the Fair Housing Act and Equal Credit Opportunity Act.
17 Φεβ 2021 · Companies in the auto lending, student lending and mortgage industries should anticipate enhanced scrutiny, and the CFPB may specifically investigate whether lenders' use of educational attainment data disproportionally affects minorities.
