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A lender's policy requires all applicants to provide tax returns, but makes an exception for applicants with income over $200,000 who can provide alternative documentation. An applicant earning $150,000 claims this policy discriminates based on income level. Under ECOA:

Correct Answer

C) This violates ECOA only if it has a disparate impact on protected classes

While income level itself is not a protected characteristic under ECOA, policies that treat applicants differently based on income could violate ECOA if they have a disparate impact on protected classes. The key test is whether the policy affects protected groups disproportionately, not whether it creates different treatment based on non-protected characteristics.

Answer Options
A
This violates ECOA because it creates different standards based on income
B
This is permissible because income level is not a protected characteristic under ECOA
C
This violates ECOA only if it has a disparate impact on protected classes
D
This is prohibited because all applicants must be treated identically

Why This Is the Correct Answer

While income level itself is not a protected characteristic under ECOA, policies that treat applicants differently based on income could violate ECOA if they have a disparate impact on protected classes. The key test is whether the policy affects protected groups disproportionately, not whether it creates different treatment based on non-protected characteristics.

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