The Latest In Fair Lending 'Disparate Impact' Actions

Law360, New York (November 23, 2011, 11:32 AM EST) -- Judges, practitioners and academics have debated for a number of years whether the legal theory of “disparate impact” discrimination, which the U.S. Supreme Court first articulated in the employment discrimination context, can be applied in a case alleging discrimination in lending.

While it always has been clear that intentional discrimination in lending is prohibited by the Equal Credit Opportunity Act (ECOA) and (if the credit is secured by a residence) the Fair Housing Act (FHA), it has been less clear whether those statutes also prohibit a...
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