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Can our bank advertise a program of home loans exclusively for members of specific professions, such as teachers, policemen, firefighters, and healthcare workers, or could this be viewed as unlawful discrimination? – IBA Compliance Connection

Can our bank advertise a program of home loans exclusively for members of specific professions, such as teachers, policemen, firefighters, and healthcare workers, or could this be viewed as unlawful discrimination?

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Assuming that it is not done inappropriately in other respects, your bank is not prohibited from advertising or offering a home loan program exclusively to a particular profession. The federal Equal Credit Opportunity Act and its corresponding rule, Regulation B, prohibit banks from discriminating in the extension of credit based on race, color, religion, national origin, ancestry, age, sex, marital status, order of protection status, disability, military status, sexual orientation, pregnancy, or unfavorable discharge from military service. Professions are not included as a protected class. Needless to say, when offering such a program, your bank should take care to avoid adversely impacting any of the protected classes. Similarly, the Illinois Human Rights Act prohibits credit discrimination based on race, color, religion, national origin, ancestry, age, marital status, handicaps, military status, sexual orientation, or unfavorable discharge from military service. Again, professions are not a protected class. Generally speaking, offering a home loan program to a particular profession should not be viewed as violating Illinois law, provided it is done in a manner that does not adversely impact a protected class.

Regulation B also contains a specific exception for situations in which banks may extend special purpose credit to meet specific social needs. In such cases, the bank must make the determination for itself as to whether a product meets a specific social need. Every special purpose credit program must have a written plan containing information that supports the need for the program and a specific time period for the duration of the program or for when the program will be reevaluated to determine if there is a continuing specific social need.