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Ethics & Fraudmedium17% of exam

A lender's fair lending testing reveals that loan officers spend an average of 45 minutes with white applicants but only 25 minutes with Hispanic applicants during the application process. All applicants receive decisions within the same timeframe and approval rates are similar. This difference in service time would be considered:

Correct Answer

B) A potential disparate treatment violation in the terms or conditions of credit

ECOA and the Fair Housing Act prohibit discrimination in any aspect of a credit transaction, including the terms, conditions, or privileges of credit. Providing different levels of service or assistance based on protected characteristics constitutes disparate treatment, even if final outcomes appear similar. Quality and extent of service are considered part of the credit transaction.

Answer Options
A
Irrelevant since approval rates and processing times are equal
B
A potential disparate treatment violation in the terms or conditions of credit
C
Acceptable if loan officers can justify the time differences
D
Legal as long as minimum service standards are met for all applicants

Why This Is the Correct Answer

ECOA and the Fair Housing Act prohibit discrimination in any aspect of a credit transaction, including the terms, conditions, or privileges of credit. Providing different levels of service or assistance based on protected characteristics constitutes disparate treatment, even if final outcomes appear similar. Quality and extent of service are considered part of the credit transaction.

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