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Ethics & Fraudmedium17% of exam

A loan officer routinely schedules appointments with female applicants during evening hours but meets male applicants during regular business hours, claiming 'women prefer flexible scheduling.' Several female applicants have complained about feeling uncomfortable with evening appointments. This practice constitutes:

Correct Answer

B) Disparate treatment because men and women are treated differently based on gender stereotypes

This represents disparate treatment under ECOA because the loan officer is intentionally treating applicants differently based on gender stereotypes. Even if the loan officer believes this is helpful, treating people differently based on assumptions about their gender preferences constitutes intentional discrimination. The discomfort expressed by female applicants further demonstrates the discriminatory nature of this practice.

Answer Options
A
Disparate impact because it may discourage female applicants from proceeding
B
Disparate treatment because men and women are treated differently based on gender stereotypes
C
Neither form of discrimination if the loan officer genuinely believes this helps female applicants
D
Lawful accommodation since the loan officer is trying to be helpful to working women

Why This Is the Correct Answer

This represents disparate treatment under ECOA because the loan officer is intentionally treating applicants differently based on gender stereotypes. Even if the loan officer believes this is helpful, treating people differently based on assumptions about their gender preferences constitutes intentional discrimination. The discomfort expressed by female applicants further demonstrates the discriminatory nature of this practice.

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