From The Chicago Tribune:

“Should a lender’s portfolio … show no statistically significant difference in the default outcomes between a protected class and a non-protected class, said lender cannot be found to be discriminating,” wrote Edward Pinto and Tobias Peter of the AEI Housing Center, a division of the right-leaning American Enterprise Institute, along with Alex Pollock of the R Street Institute, a nonpartisan think tank.

“The lender ought to be able to provide the results of such screening approach as a valid defense,” they wrote.