I. Instructions on Collection of Data on Ethnicity, Race, and Sex
You may list questions regarding the ethnicity, race, and sex of
the applicant on your loan application form, or on a separate form
that refers to the application. (See the sample form below for model
language.)
II. Procedures
A. You must ask the applicant for this information (but you cannot require the applicant to provide it) whether the application is taken in person, by mail or telephone, or on the Internet. For applications taken by telephone,
the information in the collection form must be stated orally by the lender, except for that information which pertains uniquely to applications taken in writing.
B. Inform the applicant that the federal government requests
this information in order to monitor compliance with federal
statutes that prohibit lenders from discriminating against
applicants on these bases. Inform the applicant that if the
information is not provided where the application is taken in
person, you are required to note the data on the basis of visual
observation or surname.
C. You must offer the applicant the option of selecting one or
more racial designations.
D. If the applicant chooses not to provide the information for
an application taken in person, note this fact on the form and then
note the applicant's ethnicity, race, and sex on the basis of visual
observation and surname, to the extent possible.
E. If the applicant declines to answer these questions or fails
to provide the information on an application taken by mail or
telephone or on the Internet, the data need not be provided. In such
a case, indicate that the application was received by mail,
telephone, or Internet, if it is not otherwise evident on the face
of the application.
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