                                 CODE OF VIRGINIA

PROHIBITED DISCRIMINATION (§ 6.2-501)

A. As used in this section, &#8220;age&#8221; means being an individual who is
at least 18 years of age.

B. It shall be unlawful for any creditor to discriminate against any applicant,
with respect to any aspect of a credit transaction:

   1. On the basis of race, color, religion, national origin, sex, marital
   status, sexual orientation, gender identity, pregnancy, childbirth or related
   medical conditions, age, disability, or status as a veteran provided that the
   applicant has the capacity to contract; or

   2. Because all or part of the applicant&#8217;s income derives from any public
   assistance or social services program.

C. It shall not constitute discrimination for purposes of this chapter for a
creditor:

   1. To make an inquiry of marital status if such inquiry is for the purpose of
   ascertaining the creditor&#8217;s rights and remedies applicable to the
   particular extension of credit and not to discriminate in a determination of
   creditworthiness;

   2. To make an inquiry of the applicant&#8217;s age or of whether the
   applicant&#8217;s income derives from any public assistance or social services
   program if such inquiry is for the purpose of determining the amount and
   probable continuance of income levels, credit history, or other pertinent
   element of creditworthiness as provided in regulations of the Commission;

   3. To use any empirically derived credit system which considers age if such
   system is demonstrably and statistically sound in accordance with regulations
   of the Commission, except that in the operation of such system the age of an
   elderly 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 the
   age of such applicant is to be used by the creditor in the extension of credit
   in favor of such applicant.

D. It is not a violation of this section for a creditor to refuse to extend
credit offered pursuant to:

   1. Any credit assistance program expressly authorized by law for an
   economically disadvantaged class of persons;

   2. Any credit assistance program administered by a nonprofit organization for
   its members or an economically disadvantaged class of persons; or

   3. Any special purpose credit program offered by a profit-making organization
   to meet special social needs which meets standards prescribed in regulations
   by the Commission, if such refusal is required by or made pursuant to such
   program.

HISTORY: 1977, c. 589, § 59.1-21.21:1; 2002, c. 747; 2010, c. 794; 2020, cc.
1137, 1140.