6.2-501 - (Effective October 1, 2010) Prohibited discrimination.
§ 6.2-501. (Effective October 1, 2010) Prohibited discrimination.
A. It shall be unlawful for any creditor to discriminate against anyapplicant, with respect to any aspect of a credit transaction:
1. On the basis of race, color, religion, national origin, sex or maritalstatus, or age, provided the applicant has the capacity to contract; or
2. Because all or part of the applicant's income derives from any publicassistance or social services program.
B. It shall not constitute discrimination for purposes of this chapter for acreditor:
1. To make an inquiry of marital status if such inquiry is for the purpose ofascertaining the creditor's rights and remedies applicable to the particularextension of credit and not to discriminate in a determination ofcreditworthiness;
2. To make an inquiry of the applicant's age or of whether the applicant'sincome derives from any public assistance or social services program if suchinquiry is for the purpose of determining the amount and probable continuanceof income levels, credit history, or other pertinent element ofcreditworthiness as provided in regulations of the Commission;
3. To use any empirically derived credit system which considers age if suchsystem is demonstrably and statistically sound in accordance with regulationsof the Commission, except that in the operation of such system the age of anelderly applicant may not be assigned a negative factor or value; or
4. To make an inquiry or to consider the age of an elderly applicant when theage of such applicant is to be used by the creditor in the extension ofcredit in favor of such applicant.
C. It is not a violation of this section for a creditor to refuse to extendcredit offered pursuant to:
1. Any credit assistance program expressly authorized by law for aneconomically disadvantaged class of persons;
2. Any credit assistance program administered by a nonprofit organization forits members or an economically disadvantaged class of persons; or
3. Any special purpose credit program offered by a profit-making organizationto meet special social needs which meets standards prescribed in regulationsby the Commission, if such refusal is required by or made pursuant to suchprogram.
(1977, c. 589, § 59.1-21.21:1; 2002, c. 747; 2010, c. 794.)