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Ethics & Fraudhard17% of exam

A credit union's policy requires borrowers to have been employed at the same job for 24 months, with no exceptions. Statistical analysis shows this requirement excludes 40% of single mothers compared to 15% of married applicants. The credit union argues it reduces default risk. This scenario represents:

Correct Answer

C) Disparate impact that may violate fair lending laws unless justified by business necessity

This represents potential disparate impact discrimination under ECOA and the Fair Housing Act. While the policy appears neutral, it disproportionately affects women (particularly single mothers), who are a protected class. The lender must prove the 24-month requirement is justified by business necessity and that no less discriminatory alternative exists to achieve the same legitimate business goal.

Answer Options
A
Lawful underwriting since employment stability predicts repayment ability
B
Disparate treatment because single mothers are treated differently
C
Disparate impact that may violate fair lending laws unless justified by business necessity
D
Neither discrimination since marital status and gender are separate protected classes

Why This Is the Correct Answer

This represents potential disparate impact discrimination under ECOA and the Fair Housing Act. While the policy appears neutral, it disproportionately affects women (particularly single mothers), who are a protected class. The lender must prove the 24-month requirement is justified by business necessity and that no less discriminatory alternative exists to achieve the same legitimate business goal.

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