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Ethics & Fraudeasy17% of exam

An MLO consistently asks female applicants detailed questions about their family planning intentions and childcare arrangements, while not asking male applicants similar questions. The MLO explains this helps assess 'income stability for long-term loans.' This practice represents:

Correct Answer

C) Disparate treatment because different questions are asked based on gender

This is disparate treatment under ECOA, which specifically prohibits inquiries about birth control, family planning, or childbearing capacity. The MLO is intentionally treating male and female applicants differently by asking different questions based on gender stereotypes. Such inquiries are prohibited regardless of the MLO's stated intention to help assess income stability.

Answer Options
A
Lawful inquiry since childcare costs affect debt-to-income ratios
B
Disparate impact if it results in more loan denials for women
C
Disparate treatment because different questions are asked based on gender
D
Neither discrimination if the MLO asks these questions to help the applicant

Why This Is the Correct Answer

This is disparate treatment under ECOA, which specifically prohibits inquiries about birth control, family planning, or childbearing capacity. The MLO is intentionally treating male and female applicants differently by asking different questions based on gender stereotypes. Such inquiries are prohibited regardless of the MLO's stated intention to help assess income stability.

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