September 12, 2022
The CFPB's recent announcement that it will now be examining non-credit products, services, and processes for discrimination under the Bureau's UDAAP authority raises the question of how screening should go about testing various aspects of their operations for potential discrimination. The same questions are raised by the recent focus on the Fair Housing Act in connection with tenant screening and associated claims of disparate impact. In this presentation, we discuss the methods for potential testing of screening operations for discrimination, and outline pitfalls to avoid in such testing.