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Ethics & Fraudmedium17% of exam

Under fair lending regulations, which statement about disparate impact is correct?

Correct Answer

A) It can occur even when policies are applied equally to all applicants

Disparate impact discrimination can occur when facially neutral policies that are applied equally to all applicants nevertheless have a disproportionate adverse effect on protected classes. Intent to discriminate is not required for disparate impact claims, and the discrimination can result from seemingly neutral business practices.

Answer Options
A
It can occur even when policies are applied equally to all applicants
B
It only applies when a lender intends to discriminate
C
It requires proof that individual applicants were treated differently
D
It only applies to explicitly race-based policies

Why This Is the Correct Answer

Disparate impact discrimination can occur when facially neutral policies that are applied equally to all applicants nevertheless have a disproportionate adverse effect on protected classes. Intent to discriminate is not required for disparate impact claims, and the discrimination can result from seemingly neutral business practices.

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