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One of our loan officers wants to reject a loan applicant on the basis of age. The borrower is an elderly person. Isn’t that illegal? – IBA Compliance Connection

IBA Compliance Connection

Your go to source for compliance!

One of our loan officers wants to reject a loan applicant on the basis of age. The borrower is an elderly person. Isn’t that illegal?

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Yes, both federal and Illinois laws prohibit discrimination in lending activities on the basis of age. As to federal law, the Equal Credit Opportunity Act states that “it shall be unlawful for any creditor to discriminate against any applicant . . . on the basis of . . . age (provided the applicant has the capacity to contract).” 15 USC 1691(a)(1). As to state law, the Illinois Human Rights Act prohibits financial institutions from unlawful discrimination in making loans and setting loan terms. 775 ILCS 5/4-102. The law defines “unlawful discrimination” to include “discrimination against a person because of his or her . . . age . . . .” 775 ILCS 5/1-103(Q).