Los Angeles Times

Big-bank racism is corrupting PPP loans

Black and minority-owned businesses have been the most disadvanta­ged by the process.

- EMMA COLEMAN JORDAN is a professor of business law at Georgetown University Law Center. Jamillah Bowman Williams is an associate professor of law at Georgetown Law and focuses on bias in employment law.

IN RECENT WEEKS, American banks have denounced systemic racism and pledged support to Black lives. Yet their practices during this pandemic and their role in distributi­ng money from the $660-billion Paycheck Protection Program show how systemic racism is embedded in their business model.

Last week, the Trump administra­tion finally disclosed the names of many companies that received forgivable loans from the program, which is intended to keep small businesses afloat. Yet included among the recipients were big investment firms, bigname law firms and companies connected to prominent political insiders.

Big banks were chosen to process the loans. But instead of assisting thousands of struggling small businesses, the banks directed the initial $349 billion into the pockets of primarily white-owned, well-connected businesses, which had prior relationsh­ips with the banks.

Countless small businesses, which didn’t have this advantage, were shut out in the first round of PPP. In fact, three-quarters of the money distribute­d went to only 15% of the companies applying for loans.

While wealthy corporatio­ns have been painted as the manipulato­rs, it was the banks that benefited from outsized fees, up to 5%, to process the loans. Higher value loans meant less work and more fees, estimated to total as much as $24 billion. The PPP loans require minimal processing time and there is zero risk, making such exorbitant fees unconscion­able.

Black and minority-owned businesses have been the most disadvanta­ged by this fiasco.

New research suggests that Black business owners seeking PPP loans are treated less favorably than white applicants. The study, conducted by the National Community Reinvestme­nt Coalition, used match-paired testers, a common method for showing discrimina­tion in housing, lending and employment. In 43% of cases, Black borrowers who contacted banks were offered less informatio­n about PPP loans, were discourage­d from becoming new banking customers, or were offered less favorable products, compared with slightly less qualified white borrowers. Many Black testers were subjected to multiple forms of discrimina­tion.

This is the latest example of how banks have fostered systemic racism — from financing the slave trade to modern era redlining that created entrenched housing segregatio­n in many cities in this country.

In the 2000s, banks turned from financial exclusion to predatory inclusion of Black families eager to own their homes. This predatory binge triggered the global recession and the subprime mortgage crisis of 2008 that wiped out half of Black wealth.

These bank practices have expanded the huge wealth gap between Black Americans and whites, yet bank leaders have remained indifferen­t to the racial impact of their actions.

Meaningful reform will take fundamenta­l changes in the banking industry culture combined with stronger government regulation. To start, banks need to hire more Black leaders.

Black profession­als make up a meager 3% of executive leadership in banking. Opening the top ranks would be one step to addressing structures of discrimina­tion in banking. Some Black leaders in banking and other industries have already been speaking up about Black businesses being shut out of pandemic relief, proposing a 25% set-aside of PPP funds for Black-owned businesses.

Of course, having more Black executives may not, by itself, transform corporate practices or decisions, but research suggests that their mere presence on the team can make white leaders more sensitive to racial effects, more open minded, and more likely to acknowledg­e systemic issues.

We want to be optimistic when banks declare that Black lives matter and pledge to address systemic disparitie­s. However, actions speak louder than words. We need multiracia­l corporate leadership. And, as we’ve seen from the PPP debacle, the financial sector plays a devastatin­g role in keeping racism and its consequenc­es in place. That has to change.

 ?? TONY DEJAK ASSOCIATED PRESS ?? COUNTLESS small businesses were shut out in the first round of the federal Paycheck Protection Program, which they needed to survive the pandemic.
TONY DEJAK ASSOCIATED PRESS COUNTLESS small businesses were shut out in the first round of the federal Paycheck Protection Program, which they needed to survive the pandemic.

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