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Ethics & Fraudmedium17% of exam

A lender requires all loan applicants to have a checking account with their institution for at least 6 months before loan approval. This policy disproportionately affects recent immigrants who may not have established banking relationships. This scenario most likely represents:

Correct Answer

B) Disparate impact because it has a disproportionate effect on a protected class

This represents disparate impact under the Fair Housing Act and ECOA. While the policy appears neutral on its face, it has a disproportionate adverse effect on recent immigrants, who are often part of protected classes based on national origin. The lender would need to demonstrate the policy is justified by business necessity and that no less discriminatory alternative exists.

Answer Options
A
Disparate treatment because it intentionally targets immigrants
B
Disparate impact because it has a disproportionate effect on a protected class
C
Neither disparate treatment nor impact since banking history is a legitimate underwriting criterion
D
Disparate treatment because the policy is applied differently to different groups

Why This Is the Correct Answer

This represents disparate impact under the Fair Housing Act and ECOA. While the policy appears neutral on its face, it has a disproportionate adverse effect on recent immigrants, who are often part of protected classes based on national origin. The lender would need to demonstrate the policy is justified by business necessity and that no less discriminatory alternative exists.

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