Compensation to loan officers that varies on rates and fees is one of the risk factors noted in the FFIEC Interagency Fair Lending Examination Procedures and broad discretion is a second factor. The risk factors are described under residential lending but if you look at the section for commercial lending it makes reference to residential risk factors that would be relevant for commercial which includes P1-P3.
I wouldn't say this is a fair lending "issue" but it is fair lending risk that might be reviewed by examiners.
P1. Financial incentives for loan officers or brokers to charge higher prices (including
interest rate, fees and points). Special attention should be given to situations where
financial incentives are accompanied by broad pricing discretion (as in P2), such as
through the use of overages or yield spread premiums.
P2. Presence of broad discretion in loan pricing (including interest rate, fees and points),
such as through overages, underages or yield spread premiums. Such discretion may be
present even when institutions provide rate sheets and fees schedules, if loan officers or
brokers are permitted to deviate from those rates and fees without clear and objective
Opinions expressed are my own and do not reflect legal advice or the opinions of my employer.