# Can a bank hide their own internal audit results if I sue them for discrimination?

- Jurisdiction: United States
- Practice area: Tenancy Law
- Published: 2026-11-05
- Last updated: 2026-11-05
- Canonical: https://lawasked.com/us/tenancy-law/can-bank-hide-their-own-internal-audit-results

## Question

I live in Ohio and I am currently in the middle of a dispute with a local mortgage lender. Back in February of this year, I applied for a home loan for a $350,000 property, but I was denied after my credit score and income were verified as being well within their typical requirements. I suspect they treated me differently because of my background, so I hired a consultant to help me look into their practices. During our investigation last month, I found out through a contact that the bank actually ran their own internal 'test' last year to see if their loan officers were following fair lending rules. Apparently, that internal test found some mistakes in how they approve loans, and the bank has since updated their training program to fix those issues. Now, I am preparing to file a formal complaint to seek damages for the stress and the lost house. I want to know if I can legally force them to hand over the specific report from that internal test they did last year so I can use it as evidence of their past mistakes. Can they just claim that the report is private because they already tried to fix the problem?

## Summary

It depends on whether the bank's internal test qualifies as a protected 'self-test.' If the bank meets specific legal requirements for self-testing and correction, they may be able to legally withhold that report from your lawsuit.

## Analysis

Under the Fair Housing Act, certain internal reports are protected from being used in lawsuits. This is known as 'privilege,' which means a document is legally shielded from being used as evidence [1]. 

If the bank's test from last year was a 'self-test' designed to check if they were following fair lending rules, they might be able to hide it. To claim this privilege, the bank must meet two conditions. First, they must have conducted the test "in order to determine the level or effectiveness of compliance with this subchapter" [1]. This means the test was specifically meant to see if they were following fair housing laws. Second, they must have "identified any possible violation... and has taken, or is taking, appropriate corrective action" [1]. Since you mentioned the bank updated its training program to fix mistakes found in the test, they may satisfy this second requirement.

If the bank meets both conditions, the law states that the report "shall be privileged" and "may not be obtained or used by any applicant, department, or agency in any... proceeding or civil action" [1]. In your case, this means if the bank's test was a formal self-test used to find and fix compliance issues, you likely cannot force them to hand it over to use as evidence for your discrimination claim.

However, there are exceptions. The bank cannot hide the report if they voluntarily release it to you or if they try to use the report itself as a defense in court [1]. Additionally, if you believe the bank is wrongly claiming the report is privileged, you can ask a court to decide if the privilege actually applies [1].

Note that state, provincial, or local laws may add further rules regarding discovery and evidence in Ohio.

## Statutory citations

- Fair Housing Act, 42 U.S.C. § 3614–1 - Incentives for self-testing and self-correction [in force] (https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3614–1)
  > A report or result of a self-test... shall be considered to be privileged... if any person— (A) conducts... a self-test... in order to determine the level or effectiveness of compliance... and (B) has identified any possible violation... and has taken, or is taking, appropriate corrective action
- Fair Housing Act, 42 U.S.C. § 3614–1 - Incentives for self-testing and self-correction [in force] (https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3614–1)
  > any report or results of that self-test— (A) shall be privileged; and (B) may not be obtained or used by any applicant, department, or agency in any— (i) proceeding or civil action in which one or more violations of this subchapter are alleged

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