H.R. 2498

Freedom from Discrimination in Credit Act of 2017

This bill amends the Equal Credit Opportunity Act (ECOA) to expand the categories of prohibited discrimination when extending credit to include discrimination on account of sexual orientation or gender identity. (Currently, such discrimination in credit is prohibited only on the basis of race, color, religion, national origin, sex or marital status, or age.)

The bill defines: (1) "gender identity" as the gender-related identity, appearance, or mannerisms or other gender-related characteristics of an individual with or without regard to the individual's designated sex at birth; and (2) "sexual orientation" as homosexuality, heterosexuality, or bisexuality.

The bill specifies that for purposes of the ECOA's protections against sex discrimination, the term "sex" includes: (1) a sex stereotype; (2) pregnancy, childbirth, or a related medical condition; and (3) sexual orientation or gender identity.

The bill also extends ECOA's protections against discrimination to include: (1) an association with another person who is a member of a class protected against discrimination; and (2) a perception or belief, even if inaccurate, that the individual is a member of such a protected class.

Under a current provision of the ECOA, a request for the signature of both parties to a marriage for the purpose of creating a valid lien, passing clear title, waiving inchoate rights to property, or assigning earnings does not constitute discrimination. The bill prohibits this provision from being construed to permit a creditor to take sexual orientation or gender identity into account in connection with the evaluation of creditworthiness of an applicant.