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Overt evidence of disparate treatment is the first type of discrimination recognized by the courts and probably the easiest one to identify in an organization. This type of discrimination occurs when a lender openly discriminates on a prohibited basis.
Overt Discrimination, which occurs when a consumer is openly and/or actively discriminated against on a prohibited basis factor. Disparate Treatment, which occurs when members of a prohibited basis group are treated differently than others.
Disparate treatment refers to intentional discrimination, where people in a protected class are deliberately treated differently. This is the most common type of discrimination. An example would be an employer giving a certain test to all of the women who apply for a job but to none of the men.
Overt discrimination is the blatant act of mistreating one person or a group of people based on a prohibited basis. A prohibited basis would be race, religion, national origin, gender, marital status, age, or mental capability.
Overt discrimination is the easiest to understand and is what most people think about when they hear the word “discrimination.” Simply, it is obviously or blatantly providing or offering more favorable terms to one group versus another based solely on a prohibited factor, such as gender.
Overt evidence of discrimination exists when a lender openly discriminates on a prohibited basis. Example. A lender offers a credit card with a limit of up to $750 for applicants age 21–30 and $1,500 for applicants over 30.
Discrimination can be based on many different characteristics—age, gender, weight, ethnicity, religion, or even politics. For example, prejudice and discrimination based on race is called racism. Oftentimes, gender prejudice or discrimination is referred to as sexism.
comparative evidence to establish how the average person is able to. perform the relevant major life activity and how the plaintiff’s ability.
Disparate treatment is one kind of unlawful discrimination in US labor law. In the United States, it means unequal behavior toward someone because of a protected characteristic (e.g. race or gender) under Title VII of the United States Civil Rights Act.
Disparate impact is often referred to as unintentional discrimination, whereas disparate treatment is intentional. Disparate impact occurs when policies, practices, rules or other systems that appear to be neutral result in a disproportionate impact on a protected group.
The Equal Credit Opportunity Act (ECOA) prohibits discrimination in any aspect of a credit transaction.
The Federal Trade Commission (FTC)
Once a creditor has obtained all the information it normally considers in making a credit decision, the application is complete and the creditor has 30 days in which to notify the applicant of the credit decision.
Retrospective injunctive relief may include relief for victims of past discrimination, actual and punitive damages, and offers or adjustments of credit or other forms of loan commitments.
Under the Equal Credit Opportunity Act (“ECOA”), a creditor may not discriminate against an applicant based on the applicant’s race, color, or national origin “with respect to any aspect of a credit transaction”, 15 U.S.C. § 1991.
Redlining on a racial basis has been held by the courts to be an illegal practice. It is unlawful under the FHAct only when done on a prohibited basis. Redlining an area on the basis of such consider ations as the fact that the area lies on a fault line or a flood plain is not prohibited.
The act’s purpose is to prevent lenders from using race, color, sex, religion, or other non-creditworthiness factors when evaluating a loan application, establishing terms of a loan, or any other aspect of a credit transaction.
This Act (Title VII of the Consumer Credit Protection Act) prohibits discrimination on the basis of race, color, religion, national origin, sex, marital status, age, receipt of public assistance, or good faith exercise of any rights under the Consumer Credit Protection Act.
TILA promotes the informed use of consumer credit by requiring timely disclosure about its costs. It also includes substantive provisions such as the consumer’s right of rescission on certain mortgage loans and timely resolution of billing disputes.