Tue, Sep 8, 2015
On June 25, 2015, the U.S. Supreme Court upheld disparate impact analysis under the Fair Housing Act. Although the court’s decision is limited to the Fair Housing Act (i.e., home loans), the ECOA and Reg B have long upheld disparate impact analysis for all consumer loans. Under a disparate impact analysis, an institution can be found liable for discrimination even if there was no intent to discriminate and even if steps were taken to prevent discrimination.
Another troubling issue is that regulators can establish discrimination based solely on statistics. A common situation is when an institution has spent much money and effort marketing home loans in minority neighborhoods but only receives minimal loan applications from these minority neighborhoods. Under a disparate impact statistical analysis, the institution could be found liable for discrimination.
This webinar will explain the importance of clearly stating a legitimate business purpose for all policies and procedures and provide ideas on how to defend against disparate impact claims.
This webinar will be available until December 31, 2015.