NCRC Applauds CFPB For Landmark Action To Prevent Lending Discrimination Based On Gender Identity And Sexual Orientation

By NCRC / March 9, 2021 / Press Releases

Today, the Consumer Financial Protection Bureau (CFPB) announced that the principles from the landmark U.S. Supreme Court case Bostock v. Clayton County that provide protection against discrimination based on sexual orientation or gender identity also apply to the Equal Credit Opportunity Act (ECOA). The U.S. Department of Housing and Urban Development (HUD) made a similar announcement last month stating that discrimination on the basis of sexual orientation or gender identity was a violation of the Fair Housing Act in response to executive orders promoting fair housing previously signed by President Biden in January.

The National Community Reinvestment Coalition (NCRC) previously suggested that the CFPB follow Bostock in its enforcement of ECOA in its December 1, 2020, comment letter to the CFPB’s Request for Information on the ECOA.

Jesse Van Tol, CEO of NCRC, made the following statement:

“Members of the LGBTQ+ community face discrimination when applying for loans, and this action is a critical step to strengthening fair lending protections for them. A recent NCRC study on mortgage lending showed that same-sex couples are significantly less likely than different-sex couples to be approved for mortgage loans. It also showed that the same-sex couples who are approved for mortgage loans pay higher interest rates and closing costs for mortgages. This kind of discrimination should have been stopped long ago. Today’s move by the CFPB puts banks and other lenders on notice that credit discrimination based on sex is illegal and must stop once and for all.

“In Bostock, the Supreme Court found that sex-based discrimination applied to sexual orientation and gender identity. The language used in Title VII of the Civil Rights Act to define the protected class of sex is very similar to the language used in ECOA. 

“Bostock is not an expansive reading by the court; instead, it is a holistic understanding of the term sex. It is not a leap to recognize that if a class of people is discriminated against within the employment arena, they are also being discriminated against within the lending arena and should receive protections to access safe and responsible lending products under ECOA.

“There is still more to be done. We look to the bureau to fully implement these important protections through examination procedures and ensure that the mortgage loan data collection process and the bureau’s forthcoming small business loan data collection rule reflect the findings in this interpretive rule. We also urge the Senate to take up and pass the House-passed Equality Act, and for President Biden to sign it into law.”

Materials:

Interpretive rule: CFPB clarifies that discrimination by lenders on the basis of sexual orientation and gender identity is illegal (March 9, 2021)

NCRC Comment On The CFPBs RFI On The Equal Credit Opportunity Act

 AVAILABLE TRAININGS BY THE MARYLAND CONSUMER RIGHTS COALITION

The Coalition has a number of great trainings open to the public. Reach out to an MCRC staff member today to schedule a training!

Advocacy

Want to make a big change for your community? Become a homegrown advocate! In this free workshop advocates from the Maryland Consumer Rights Coalition teach participants about the policy-making process in Maryland and how community members can advocate in the General Assembly to make their voices heard and transform their communities. Learn about power analyses, writing testimony, juggling work and advocacy, and leveraging social media for your cause. Trainings are tailored to each group based on specific issues participants are interested in working on in their community. Communities should be the drivers of change – come learn how to amplify your voice and use it strategically! Email us to schedule your advocacy training.

Know Before You Enroll

For-profit colleges and private career schools target low-income students, students-of-color, and veterans for high-debt, low-return programs. To help prospective students avoid predatory higher education institutions, we developed the Know Before You Enroll campaign, which provides toolkits, tips, and tricks. Our Student Debt Program Manager can come to your organization, school, community association, etc. to train youth-workers or prospective students on how to avoid dangerous schools! Email us to schedule a Know Before You Enroll training.

Renters' & Homeowners' Tax Credits

Renting or owning a home in Maryland is expensive. While rents and property taxes have risen exponentially over the last few decades, wages simply have not kept up. That’s why Maryland established the Renters’ and Homeowners’ Tax Credits – to help low-income folks keep with up with the sky-rocketing costs of living in our state. But the application process can be burdensome or confusing. MCRC can help train organizations to guide clients through the RTC/HOTC application process. We also can come to your community center or faith-based institution and help folks apply in-person directly! Email our SOAR Financial Counselor to learn more and set up a training or event.

Scam Prevention

Losing money or property to scams and frauds can be devastating. As concerns about older adult financial abuse and exploitation continue to rise, MCRC is working to educate older adults on how to protect themselves. MCRC offers free trainings to organizations and the community to encourage older adults to take the necessary steps to protect themselves from financial fraud. Email our SOAR Financial Counselor to learn more and set up a training or event.

Digital Privacy

Older adults lose as much as $36 billion annually to financial exploitation. As we integrate digital technologies into every aspect of our lives, it can be hard to make informed choices about the privacy and security risks that come with them. It’s a fact that online scammers target older adults, so it’s important that your information is kept safe. MCRC offers free trainings on digital privacy for older adults, focusing on ways to protect their privacy online, what to do if their privacy is breached, and what Maryland laws and resources are available to assist them. Email our SOAR Financial Counselor to learn more and set up a training or event.

Money Smarts for Older Adults

This training provides participants with practical knowledge, skills-building opportunities, and resources they can use to manage their finances with confidence. Email our SOAR Financial Counselor to learn more and set up a training or event. This training provides participants with knowledge about the Community Reinvestment Act (CRA), ways to access CRA funding, and ways to advocate for change in your neighborhood. Email our Economic Rights Organizer to learn more and  set up a training

Community Reinvestment 

Has something else on our website peaked your interest? We can craft and offer trainings on all the issues we work on – just let us know what you’re interested in! Email us to find out more and schedule a training.

Maryland Consumer Rights Coalition, Inc. 

2209 Maryland Ave | Baltimore, MD  21218

(410) 220-0494 | info@marylandconsumers.org

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Source: MCRC March Update, 3/12/21

 

March 9, 2021

Maryland Commission on Civil Rights Women's History Month 2021 Events Join the Maryland Commission on Civil Rights for exciting programming in honor of Women's History Month! The Shadow Pandemic: Gender Inequality in the Wake of Covid 19 Wednesday, March 24, 2021 12 noon - 2:00 p.m. REGISTER HERE This two-hour interactive presentation will detail the disparate impact of COVID-19 on women with an emphasis on the longstanding economic and racial disparities that have led to the exacerbation of systemic and structural inequity. Topics that will be covered include: Employee’s rights if they have COVID (what to do about FMLA, Vaccine mandates, caretaking duties, unemployment and under-employment etc.) The “she-cession” The the disproportionate impact of the pandemic on Women of Color as well as low-wage workers The vulnerability of women (especially women with children) to housing insecurity and harassment during the pandemic Presented by Glendora C. Hughes, General Counsel for the Maryland Commission on Civil Rights and Michelle Daugherty Siri, Executive Director, The Women's Law Center of Maryland. Fairness for All Marylanders: Barriers to Equality for Transwomen Friday, March 26, 2021 12 noon - 2:00 p.m. REGISTER HERE This educational program and panel presentation will feature an overview of Maryland’s anti discrimination laws with an emphasis on gender identity protections and unlawful employment practices. The panelists will provide background and insight with regard to the personal, systemic and institutional barriers the trans community has encountered and how to support and take action to ensure equal rights for trans and gender non-conforming Marylanders.

Victim of Discrimination? Training & Partnerships

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Vernon Jordan, civil rights leader dies at 85

By Jamie Gangel, Dan Merica, Suzanne Malveaux, and Veronica Stracqualursi,

Jordan died peacefully at his home surrounded by his wife and family, Jordan's niece Ann Walker confirmed to CNN. According to Walker, Jordan had his favorite dinner and dessert -- chocolate chip ice cream -- before he went to bed. "It was just the way he would have wanted it," Walker told CNN.

The former president of the National Urban League rose to prominence as a civil rights activist with close connections in all corners of American politics, though he was closest with Democrats, including presidents from Lyndon Johnson to Barack Obama. He also worked with Republican Presidents Ronald Reagan, George H.W. Bush ,and George W. Bush.

Born on August 15, 1935, Jordan grew up in the segregated South and graduated from DePauw University in Indiana in 1957, the only Black student in his class. He then studied law at Howard University and began his career fighting segregation, starting with a lawsuit against University of Georgia's integration policy in 1961 on the behalf of two Black students, Hamilton Holmes and Charlayne Hunter. Jordan accompanied the two students to the UGA admissions office that year through an angry mob of White students.

He worked as a field director for the NAACP and as a director of the Southern Regional Council for the Voter Education Project before he became president of the National Urban League. In 1980, he survived an assassination attempt on his life.

"Today, the world lost an influential figure in the fight for civil rights and American politics, Vernon Jordan. An icon to the world and a lifelong friend to the NAACP, his contribution to moving our society toward justice is unparalleled," NAACP President Derrick Johnson said in a statement Tuesday. "In 2001, Jordan received the NAACP's Spingarn Medal for a lifetime of social justice activism. His exemplary life will shine as a guiding light for all that seek truth and justice for all people."

Clinton tapped Jordan, who left the Urban League after 10 years to practice law in DC, to serve as chairman of his 1992 presidential transition team. The position propelled Jordan into becoming a Washington power broker as he acted as a close confidant to Clinton, advising him on several hirings, golfing frequently with the President and sharing Christmas Eves together.

In the late '90s, Jordan's friendship with Clinton found him entangled in then-independent counsel Kenneth Starr's investigation, which uncovered the affair Clinton had with former White House intern Monica Lewinsky while in office. Jordan had helped Lewinsky job hunt at the request of Clinton's personal secretary and had recommended an attorney who briefly represented Lewinsky. Jordan testified several times before the grand jury.

Jordan also had an illustrious career in the corporate world, serving on the board of directors for several major American corporations.

DePauw University on Tuesday mourned the passing of Jordan, and its president, Lori S. White, said in a statement that the university "has lost a dear friend and the world has lost a determined leader."

In a tweet Tuesday morning, former President Barack Obama said he and former first lady Michelle Obama "benefited from Vernon Jordan's wise counsel and warm friendship—and deeply admired his tireless fight for civil rights. We hope the memory of his extraordinary presence and the legacy of his work bring comfort to Ann, Vickee, and his family," Obama said.

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Source: CNN - Updated 11:28 AM ET, Tue March 2, 2021.

The Senate must pass the Equality Act

If passed into law, it would align with majority public support for protecting LGBTQ people from discrimination.

By The Boston Globe Editorial BoardUpdated March 3, 2021, 4:00 a.m.

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HEATHER HOPP-BRUCE/H. HOPP-BRUCE/GLOBE STAFF

On the same day that the Equality Act passed in the House, Republican Senator Rand Paul of Kentucky launched into a transphobic attack against Dr. Rachel Levine, a trans woman, during her Senate confirmation hearing. Though the timing was a coincidence, it served to highlight the kind of irrational opposition a bill barring discrimination against LGBTQ people will probably face from Republicans when it gets to the Senate.

If Levine becomes assistant secretary of health, she would be the first openly transgender federal official to receive Senate approval, a landmark moment for the LGBTQ community. Yet few events would be as potent as passage of the Equality Act, which would extend existing civil rights protections to include sexual orientation and gender identity. It would prohibit discrimination in housing, employment, education, health care, public accommodations, and other areas.

The bill first received House approval in 2019 but languished during the Trump presidency, which until its last days pushed anti-LGBTQ policies. Now the bill has the enthusiastic backing of President Biden. With Democrats finally in charge of the Senate, this is the bill’s best chance to become law. Every effort should be made to get it done. To be sure, this is a tall order. In the House, only three Republicans voted for the bill. To avoid a filibuster (one reason to dump this ugly relic of the Jim Crow era), the Equality Act needs 60 votes — that means every Democrat, plus 10 Republicans senators. Yet the GOP has shown little interest in what Biden calls “ensuring that America lives up to our foundational values of equality and freedom for all.”

The need for an equality bill is long overdue, and the absence of its protections never more crucial than during the past year. As with other marginalized groups, LGBTQ people have suffered disproportionately during the COVID-19 pandemic, and not just from the disease itself. According to a report from the Movement Advancement Project, a gender-equality-focused nonprofit think tank, more than 60 percent of LGBTQ households have lost a job in the past year, compared with less than half of the general population.

“COVID has revealed and exacerbated disparities that existed way before the pandemic started,” Logan Casey, coauthor of the report and a policy researcher at MAP, told ABC News. The LGBTQ community “more broadly experience higher rates of discrimination in the workplace, steep obstacles to housing, accessing medical care — and to the extent that LGBTQ people and LGBTQ people of color are experiencing the full force of this pandemic, it’s likely their recovery will take even longer.”

Public attitudes toward the LGBTQ community have evolved. Last year, a Pew Research study found that 72 percent of Americans believe homosexuality should be accepted. In a recent Gallup poll, 1 in 6 Generation Z adults identified as LGBTQ. More than 80 percent of Americans — including 68 percent of Republicans — support laws to protect LGBTQ people from discrimination, according to a Public Religion Research Institute American Values survey last year.

As law, the long-gestating Equality Act would align with greater social acceptance of sexual orientation and gender identity.

House Speaker Nancy Pelosi said last week, “The Civil Rights Act is a sacred pillar of freedom in our country. It is not amended lightly.” Nor should the Senate, especially its Democratic leadership, take lightly an opportunity to inch this nation closer to full communion with its own espoused values of fairness and equality for all.

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Source: Boston Globe, March 3, 2021.

 

Segregation-Produced Urban Heating Disproportionately Affects Black and Latino Children Before Birth & In Early Years

A just-published report by the (London) Guardian summarizing recent environmental research shows that racial segregation caused by decades of discrimination is directly affecting Black and Latino children before they were even born and in their early years. The recent analysis of over 30 medical studies found "women of color, particularly Black women, and their babies are most likely to suffer low birth weights, pre-term births and stillbirths from climate-driven threats exacerbated by racial segregation. Hot temperatures can cause strain upon women and their unborn children, while heat can also react with pollutants from cars and power plants to create ozone, a ground-level pollutant that can cause an array of health problems."

“This pollution cause placental inflammation and affects the baby,” said Susan Pacheco, an associate professor at the University of Texas Health Science Center who co-authored research released in summer of 2020 that found that pregnant women exposed to heat and air pollution are at heightened risk of adverse pregnancy outcomes. “This can cause impacts in childhood but also bad outcomes when they are adults, such as heart and kidney disease. Even what we would consider limited exposures can affect the development of the baby. Unfortunately many children will be marked for life because of what their mothers are exposed to, affecting the brain, lungs, pancreas, everything.”

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Source: The (London) Guardian, February 16, 2021.

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Other sources for this research include:

"Association of Air Pollution and Heat Exposure With Preterm Birth, Low Birth Weight, and Stillbirth in the US: A Systematic Review." Bruce Bekkar, MD; Susan Pacheco, MD; Rupa Basu, PhD; et al Nathaniel DeNicola, MD, MSHP. JAMA Netw Open. 2020;3(6):e208243. doi:10.1001/jamanetworkopen.2020.8243.

"Can We Turn Down the Temperature on Urban Heat Islands?" Jim Morrison. E360 Digest. September 12, 2019.

"Racist Housing Practices From The 1930s Linked To Hotter Neighborhoods Today." Meg Amderson. NPR. January 14, 2020.

"Study Finds Link Between Deadly Heatwave Exposure and Redlining Housing Policies." Nina Lakhani. E360 Digest. January 16, 2020.

"The Effects of Historical Housing Policies on Resident Exposure to Intra-Urban Heat: A Study of 108 US Urban Areas." by Jeremy S. Hoffman 1,2,*OrcID, Vivek Shandas and Nicholas Pendleton.  Climate 2020, 8(1), 12; https://doi.org/10.3390/cli8010012.

 

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