Arkansas Small Business and Technology Development Center

University of Arkansas at Little Rock - College of Business
Donald W. Reynolds Center for Business and Economic Development
2801 S. University / Little Rock, Arkansas 72204
Phone: (501) 683-7700   Fax: (501) 683-7720

7(a) SMALL BUSINESS LOAN GUARANTY PROGRAM

General Description

The 7(a) Small Business Loan Guaranty Program is one of SBA's primary lending programs. It provides loans to small businesses unable to secure financing on reasonable terms through normal lending channels. The program operates through private-sector lenders that provide loans which are, in turn, guaranteed by the SBA -- the Agency has no funds for direct lending or grants.

Most lenders are familiar with SBA loan programs so interested applicants should contact their local lender for further information and assistance in the SBA loan application process. Information on SBA loan programs, as well as the management counseling and training services offered by the Agency, is also available from the local SBA office.

Loan Amounts Available Under SBA Loan Programs

Effective December 22, 2000, a maximum loan amount of $2 million has been established for 7(a) loans. However, the maximum dollar amount the SBA can guaranty is generally $1 million. Small loans carry a maximum guaranty of 85%. Loans are considered small if the gross loan amount is $150,000 or less. For loans greater than $150,000, the maximum guaranty is 75%. Thus, with a lender requesting the maximum SBA guaranty of 75 percent.

What SBA Seeks In A Loan Application

Repayment ability from the cash flow of the business is a primary consideration in the SBA loan decision process but good character, management capability, collateral, and owner's equity contribution are also important considerations. All owners of twenty percent (20%) or more are required to personally guarantee SBA loans.

Who Is Eligible For An SBA Loan

Although most small businesses are eligible for SBA loans, some types of businesses are ineligible and a case-by-case determination must be made by the Agency. Eligibility is generally determined by four factors:

Type Of Businesses Eligible

The vast majority of businesses are eligible for financial assistance from the SBA. However, applicant businesses must operate for profit; be engaged in, or propose to do business in, the United States or its possessions; have reasonable owner equity to invest; and, use alternative financial resources first including personal assets. It should be noted that some businesses are ineligible for financial assistance.

Size Of Businesses Eligible

The Small Business Act defines an eligible small business as one that is independently owned and operated and not dominant in its field of operation. The Act also states that in determining what is a small business, the definition shall vary from industry to industry to adequately reflect industry differences. The SBA has therefore developed size standards that define the maximum size of an eligible small business.

As apparent from the following general description of SBA's size standards, most businesses are considered small. However, these represent general definitions that in some cases are further defined by specific SIC code.

Industry Size Retail and Service $3.5 to $13.5 million Construction $7.0 to $17.0 million Agriculture $0.5 to $3.5 million Wholesale No more than 100 employees Manufacturing 500 to 1,500 employees

If a potential borrower is close to these standards, size eligibility should be discussed with the local SBA office. Also note that the standards for a particular business may change from time to time and some exceptions do apply.

When affiliations exist with other companies (for example, through common ownership, directorships, or by contractual arrangements), the primary business activity must be determined both for the applicant business as well as for the entire affiliated group. In order to be eligible for financial consideration, the applicant must meet the size standard for its primary business activity and the affiliated group must meet the standard for its primary business activity.

Use Of Loan Funds

The proceeds of SBA loans can be used for most business purposes. These may include the purchase of real estate to house the business operations; construction, renovation or leasehold improvements; acquisition of furniture, fixtures, machinery, and equipment; purchase of inventory; and, working capital.

Proceeds Of An SBA Loan Cannot Be Used To:

Special Circumstances

Certain other considerations apply to the types of businesses and applicants eligible for SBA loan programs.

FRANCHISES - are eligible except in situations where a franchisor retains power to control operations to such an extent as to be tantamount to an employment contract. The franchisee must have the right to profit from efforts commensurate with ownership.

RECREATIONAL FACILITIES AND CLUBS - are eligible provided: (a) the facilities are open to the general public, or (b) in membership only situations, membership is not selectively denied to any particular group of individuals and the number of memberships is not restricted either as a whole or by establishing maximum limits for particular groups.

FARMS AND AGRICULTURAL BUSINESSES - are eligible; however, these applicants should first explore Farmers Home Administration (FmHA) programs, particularly if the applicant has a prior or existing relationship with FmHA.

FISHING VESSELS - are eligible; however, those seeking funds for the construction or reconditioning of vessels with a cargo capacity of five tons or more must first request financing from the National Marine Fisheries Service (NMFS), a part of the Department of Commerce.

MEDICAL FACILITIES - hospitals, clinics, emergency outpatient facilities, and medical and dental laboratories are eligible. Convalescent and nursing homes are eligible, provided they are licensed by the appropriate government agency and services rendered go beyond those of room and board.

ALTER EGO- while investment in real estate occupied by anyone other than the small business concern is not eligible, a holding company owned by the same parties and in the same proportion as the small business (alter ego) may be eligible if a number of conditions are met.

A holding company may be eligible if:

NOTE: alter ego financing applies only to fixed asset purposes; any working capital needs must be financed separately.

CHANGE OF OWNERSHIP - Loans for this purpose are eligible provided the business benefits from the change. In most cases, this benefit should be seen in promoting the sound development of the business or, perhaps, in preserving its existence. Loans cannot be made when proceeds would enable a borrower to purchase: (a) part of a business in which it has no present interest or (b) part of an interest of a present and continuing owner. Loans to effect a change of ownership among members of the same family are discouraged.

ALIENS - are eligible; however, consideration is given to the type of status possessed, e.g., resident, lawful temporary resident, etc. in determining the degree of risk relating to the continuity of the applicant's business. Excessive risk may be offset by full collateralization. The various types of visas may be discussed in more detail with the local SBA office.

PROBATION OR PAROLE - applications will not be accepted from firms where a principal (any one of those required to submit a personal history statement, SBA Form 912): 1) is currently incarcerated, on parole, or on probation; 2) is a defendant in a criminal proceeding; or 3) whose probation or parole is lifted expressly because it prohibits an SBA loan.

This restriction would not necessarily preclude a loan to a business, where a principal had responded in the affirmative to any one of the questions on the Statement of Personal History. These judgments are made on a case by case evaluation of the nature, frequency, and timing of the offenses. Fingerprint cards (available from the local SBA office) are required any time a question on the form is answered in the affirmative.

Ineligible Businesses

Businesses cannot be engaged in illegal activities, loan packaging, speculation, multi sales distribution, gambling, investment or lending, or where the owner is on parole.

Specific types of businesses not eligible include:

REAL ESTATE INVESTMENT firms exist when the real property will be held for investment purposes - as opposed to loans to otherwise eligible small business concerns for the purpose of occupying the real estate being acquired.

OTHER SPECULATIVE ACTIVITIES are those firms developing profits from fluctuations in price rather than through the normal course of trade, such as wildcatting for oil and dealing in commodities futures, when not part of the regular activities of the business. Dealers of rare coins and stamps are not eligible.

LENDING ACTIVITIES include banks, finance companies, factors, leasing companies, insurance companies (not agents), and any other firm whose stock in trade is money.

PYRAMID SALES PLANS are characterized by endless chains of distributors and sub-distributors where a participant's primary incentive is based on the sales made by an ever- increasing number of participants. Such products as cosmetics, household goods, and other soft goods lend themselves to this type of business.

ILLEGAL ACTIVITIES are by definition those activities that are against the law in the jurisdiction where the business is located. Included in these activities are the production, servicing, or distribution of otherwise legal products that are to be used in connection with an illegal activity, such as selling drug paraphernalia or operating a motel that permits illegal prostitution.

GAMBLING ACTIVITIES include any business whose principal activity is gambling. While this precludes loans to race tracks, casinos, and similar enterprises, the rule does not restrict loans to otherwise eligible businesses, which obtain less than one-third of their annual gross income from either: 1) the sale of official state lottery tickets under a state license, or 2) legal gambling activities licensed and supervised by a state authority.

CHARITABLE, RELIGIOUS, OR OTHER NON-PROFIT or eleemosynary institutions, government-owned corporations, consumer and marketing cooperatives, and churches and organizations promoting religious objectives are not eligible.

SBA Loan Maturities

SBA loan programs are generally intended to encourage longer term small business financing but actual loan maturities are based on the ability to repay, the purpose of the loan proceeds, and the useful life of the assets financed. However, maximum loan maturities have been established: twenty-five (25) years for real estate and equipment; and, generally seven (7) years for working capital.

Loans for working capital purposes will not exceed seven (7) years, except when a longer maturity (up to 10 years) may be needed to ensure repayment. The maximum maturity of loans used to finance fixed assets other than real estate will be limited to the economic life of those assets - but in no instance to exceed twenty-five (25) years. The 25-year maximum will generally apply to the acquisition of land and buildings or the refinancing of debt incurred in their acquisition. Where business premises are to be constructed or significantly renovated, the 25-year maximum would be in addition to the time needed to complete construction. (Significant renovation means construction of at least one-third of the current value of the property.)

Interest Rates Applicable To SBA Loans

Interest rates are negotiated between the borrower and the lender but are subject to SBA maximums, which are pegged to the Prime Rate.

Interest rates may be fixed or variable. Fixed rate loans of $50,000 or more must not exceed Prime Plus two and one-quarter percent (2.25%) if the maturity is less than seven (7) years, and Prime Plus two and three-quarters percent (2.75%) if the maturity is seven (7) years or more. For loans between $25,000 and $50,000, maximum rates must not exceed three and one-quarter percent (3.25%) if the maturity is less than seven (7) years, and three and three-quarters percent (3.75%) if the maturity is seven (7) years or more. For loans of $25,000 or less, the maximum interest rate must not exceed Prime Plus four and one-quarter percent (4.25%) if the maturity is less than seven (7) years, and four and three-quarters percent (4.75%) if the maturity is seven (7) years or more.

Variable rate loans may be pegged to either the lowest prime rate or the SBA optional peg rate. The optional peg rate is a weighted average of rates the federal government pays for loans with maturities similar to the average SBA loan. It is calculated quarterly and published in the "Federal Register." The lender and the borrower negotiate the amount of the spread which will be added to the base rate. An adjustment period is selected which will identify the frequency at which the note rate will change. It must be no more often than monthly and must be consistent, (e.g., monthly, quarterly, semiannually, annually or any other defined, consistent period).

Fees Associated With SBA Loans

To offset the costs of the SBA's loan programs to the taxpayer, the Agency charges lenders a guaranty and a servicing fee for each loan approved. These fees can be passed on to the borrower once they have been paid by the lender. The amount of the fees is determined by the amount of the loan guaranty.

Effective December 22, 2000, when the loan amount is $150,000 or less, the guaranty fee will be two (2) percent of the guaranteed portion. Lenders are permitted to retain 25% of this fee (50 basis points). This is only applicable to loans of $150,000 or less. For loans more than $150,000 but up to and including $700,000, a three (3) percent guaranty fee will be charged. For loans greater than $700,000, a 3.5 percent guaranty fee will be charged.

In addition, all loans will be subject to a fifty basis point (0.5%) annualized servicing fee, which is applied to the outstanding balance of SBA's guaranteed portion of the loan.

Prohibited Fees

Processing fees, origination fees, application fees, points, brokerage fees, bonus points, and other fees that could be charged to a SBA loan applicant are prohibited. The only time a commitment fee may be charged is for a loan made under the Export Working Capital Loan Program.

Guaranty Percents

For those applicants that meet the SBA's credit and eligibility standards, the Agency can guaranty up to eighty-five (85%) percent of loans of $150,000 and less, and up to seventy-five (75%) percent of loans above $150,000 (generally up to a maximum guaranty amount of $1,000,000).

Prepayment

Effective for all loans where the applications were received by the lender on or after December 22, 2000, a new prepayment charge paid by the borrower to SBA ("subsidy recoupment fee") has been added for those loans that meet the following criteria:

a. have a maturity of 15 years or more where the borrower is prepaying voluntarily;

b. the prepayment amount exceeds 25% of the outstanding balance of the loan; AND

c. the prepayment is made within the first 3 years after the date of the first disbursement (not approval) of the loan proceeds. The prepayment fee calculation is as follows:

a. during the first year after disbursement, 5% of the amount of the prepayment;

b. during the second year after disbursement, 3% of the amount of the prepayment; or

c. during the third year after disbursement, 1% of the amount of the prepayment.

 

THE SBA LOWDOC

How It Works

Once a small business borrower meets the lender's requirements for credit, the lender may request a guaranty from the SBA through SBALowDoc procedures. It's a quick, two-step process:

  • The borrower completes the front of the SBA's one-page application, and the lender completes the back.

  • The lender submits a complete application to the SBA and receives an answer within 36 hours.

Interest Rates

Interest rates can be negotiated between the borrower and lender, may be fixed or variable, are tied to the prime rate (as published in the Wall Street Journal), and may not exceed the following SBA maximums:

Fixed rate loans of $50,000 or more must not exceed Prime Plus two and one-quarter percent (2.25%) if the maturity is less than seven (7) years, and Prime Plus two and three-quarters percent (2.75%) if the maturity is seven (7) years or more. For loans between $25,000 and $50,000, maximum rates must not exceed three and one-quarter percent (3.25%) if the maturity is less than seven (7) years, and three and three-quarters percent (3.75%) if the maturity is seven (7) years or more. For loans of $25,000 or less, the maximum interest rate must not exceed Prime Plus four and one-quarter percent (4.25%) if the maturity is less than seven (7) years, and four and three-quarters percent (4.75%) if the maturity is seven (7) years or more.

Collateral

To secure the loan, the borrower must pledge available business and personally owned assets. Loans are not declined when inadequate collateral is the only unfavorable factor. Personal guaranties of the principals are required.

Maturity

Length of time for repayment depends on - *Ability to repay, and *The use of the loan proceeds.

Maturity generally is five to 10 years. For fixed-asset loans it can be up to 25 years.

Eligibility

A business is usually eligible for the SBALowDoc if -

  • The purpose of the loan is to start or grow a business;

  • The existing business including affiliates employs no more than 100 people, has average annual sales for the preceding three years not exceeding $5 million; the business and its owners have good credit; and

  • the business owners are of good character.

Issue SBALowDoc Status: Pilot to 09/30/2001 Loan Limit: $150,000 Guaranty %: 85% Guaranty Fee: 2% on Guaranteed Portion Eligibility Decision: Relies Heavily on Lender Checklist But SBA Still Reviews Revolving Lines of Credit: Not permitted Turnaround Time: 100% Within 36 Hours Forms: 1 Page Application Form That Requires More Data, But Same for ALL SBALowDoc Loans Regardless of Amount Collateral: Follows 7(a) Policy - Lack of available collateral will not be the sole basis for decline of any loan Credit Decision: By SBA With Credit Scoring Reconsideration: Permitted in Field Offices under SBALowDoc or Regular 7(a) Policies and Procedures. Secondary Market: Can Be Sold Lender Oversight: Field Offices Responsible for Lender Review as Coordinated with OFA and OFO in HQ Liquidation: Lender Liquidates Non-Realty BEFORE Buyback

 

THE PREQUALIFICATION LOAN PROGRAM

The Prequalification Pilot Loan Program use intermediaries to assist prospective borrowers in developing viable loan application packages and securing loans.

Once the loan package is assembled, it is submitted to the SBA for expedited consideration; a decision usually is made within three days. If the application is approved, the SBA issues a letter of prequalification stating the SBA's intent to guarantee the loan. The maximum amount for loans under the women's program is $250,000; the SBA will guarantee up to 80 percent for loans up to & including $100,000, and 75 percent for loans over $100,000. The intermediary (usually a Small Business Development Center) then helps the borrower locate a lender offering the most competitive rates.

Small Business Development Centers serving as intermediaries do not charge a fee for loan packaging. For-profit organizations will charge a fee.

Maximum Amount of the Prequalification Pilot Loan Program

The maximum loan amount for this pilot program is $250,000.

Who is Eligible for the Prequalification Pilot Loan Program?

The program currently serves eligible borrowers who meet size and eligibility standards. The program targets low moderate income, new market customers, disabled, new and emerging businesses, veterans, exporters, rural and specialized industries.

SBA Loan Maturities

SBA loan programs are generally intended to encourage longer term small business financing but actual loan maturities are based on the ability to repay, the purpose of the loan proceeds, and the useful life of the assets financed. However, maximum loan maturities have been established: twenty-five (25) years for real estate and equipment; and, generally seven (7) years for working capital.

Loans for working capital purposes will not exceed seven (7) years, except when a longer maturity (up to 10 years) may be needed to ensure repayment. The maximum maturity of loans used to finance fixed assets other than real estate will be limited to the economic life of those assets - but in no instance to exceed twenty-five (25) years. The 25-year maximum will generally apply to the acquisition of land and buildings or the refinancing of debt incurred in their acquisition. Where business premises are to be constructed or significantly renovated, the 25-year maximum would be in addition to the time needed to complete construction. (Significant renovation means construction of at least one-third of the current value of the property.)

Interest Rates Applicable To SBA Loans

Interest rates are negotiated between the borrower and the lender but are subject to SBA maximums, which are pegged to the Prime Rate.

The only time a commitment fee may be charged is for a loan made under the Export Working Capital Loan Program.

Interest rates may be fixed or variable. Fixed rate loans must not exceed Prime Plus two and one-quarter percent (2.25%) if the maturity is less than seven (7) years, and Prime Plus two and three-quarters percent (2.75%) if the maturity is seven (7) years or more. For loans of less than $25,000, the maximum interest rate must not exceed Prime Plus four and one-quarter percent (4.25%) and four and three-quarters percent (4.75%), respectively; for loans between $25,000 and $50.000, maximum rates must not exceed three and one-quarter percent (3.25%) and three and three-quarters percent (3.75%), respectively.

Variable rate loans may be pegged to either the lowest prime rate or the SBA optional peg rate. The optional peg rate is a weighted average of rates the federal government pays for loans with maturities similar to the average SBA loan. It is calculated quarterly and published in the "Federal Register." The lender and the borrower negotiate the amount of the spread which will be added to the base rate. An adjustment period is selected which will identify the frequency at which the note rate will change. It must be no more often than monthly and must be consistent, (e.g., monthly, quarterly, semiannually, annually or any other defined, consistent period).

Loan Program Guaranty Percent

For those applicants that meet the SBA's credit and eligibility standards, the Agency can guaranty up to eighty (80%) percent of loans of $100,000 and less, and up to seventy-five (75%) percent of loans above $100,000 (generally up to a maximum guaranty amount of $750,000).

Loan Program Collateral

Holders of at least 20% ownership in the business are generally required to guaranty the loan. Although inadequate collateral will not be the sole reason for denial of a loan request, the nature and value of that collateral does factor into the credit decision.

 

SBA MICROLOAN PROGRAM

The MicroLoan Program provides very small loans to start-up, newly established, or growing small business concerns. Under this program, SBA makes funds available to nonprofit community based lenders (intermediaries) which, in turn, make loans to eligible borrowers in amounts up to a maximum of $35,000. The average loan size is about $10,500. Applications are submitted to the local intermediary and all credit decisions are made on the local level.

Terms, Interest Rates And Fees:

The maximum term allowed for a microloan is six years. However, loan terms vary according to the size of the loan, the planned use of funds, the requirements of the intermediary lender, and the needs of the small business borrower. Interest rates vary, depending upon the intermediary lender and costs to the intermediary from the U.S. Treasury.

Collateral

Each intermediary lender has its own lending and credit requirements. However, business owners contemplating application for a microloan should be aware that intermediaries will generally require some type of collateral, and the personal guarantee of the business owner.

Technical Assistance

Each intermediary is required to provide business based training and technical assistance to its microborrowers. Individuals and small businesses applying for microloan financing may be required to fulfill training and/or planning requirements before a loan application is considered.

Intermediaries

Arkansas Enterprise Group 2304 W. 29th. St., Pine Bluff, AR 71603 Executive Director: Penny Penrose Microloan Contact: Brad Taylor E-mail: btaylor@ehbt.com Telephone: (870) 535-6233 Fax (870) 535-0741 Service Area: Southern and extreme northeast areas of the State including Arkansas, Ashley, Bradley, Calhoun, Chicot, Clark, Clay, Cleveland, Columbia, Craighead, Dallas, Desha, Drew, Garland, Grant, Greene, Hempstead, Hot Spring, Howard, Jefferson, Lafayette, Lawrence, Lincoln, Little River, Lonoke, Miller, Mississippi, Montgomery, Nevada, Ouachita, Phillips, Pike, Poinsett, Polk, Prairie, Pulaski, Randolph, Saline, Sevier, and Union Counties.

Arkansas Delta Community Development Corp. 335 Broadway/ P.O.B. 852, Forrest City, AR 72336 Executive Director: Willette Romous Microloan Contact: Pat Scott E-mail: deltacdc@ipa.net elephone: (870) 633-9112 Fax (870) 633-9191 Service Area: Cross, Crittenden, Monroe, Lee, and St. Francis counties.

Arkansas White River Planning and Development District, Inc. P.O.B. 2396 or 1652 White Drive, Batesville, AR 72503 (or 72501) Executive Director: Van C. Thomas Microloan Contact: Ben Earls/Vickie Jones E-mail: coastmaster@wrpdd.org Telephone: (870) 793-5233 Fax (870) 793-4035 Service Area: Cleburne,Fulton, Independence, Izard, Jackson, Sharp, Stone, Van Buren, White, and Woodruff counties.

Arkansas FORGE-Financing Ozarks Rural Growth Economy 208 East Main, P.O. Box 1138 Huntsville, AR 72740 Microloan Contact: Charlie Stockton E-mail forgeinc@juno.com Telephone: (501)738-1585 Fax: (501)738-6288 Service Area: Crawford, Baxter, Yell, Perry, Conway, Boone, Madison, Marion, Carroll, Franklin, Pope, Benton, Washington, Searcy, and Newton Counties.

 

SBAEXPRESS LOAN PROGRAM

How It Works

Lenders participating in SBAExpress can -

  • Use their own forms and processes to approve loans in amounts up to $150,000,

  • Provide minimal paperwork to the SBA to obtain a 50 percent guaranty on the loan, and

  • Take most servicing actions without prior approval by the SBA.

Lender Participation

You may be eligible to become an SBAExpress lender if -

  • You are currently in the SBA's Preferred Lenders Program or, in selected geographic regions, participate in the SBA's 7(a) Lending Program; and,

  • You meet other participation and loan portfolio standards. Contact your SBA district office to find out if you are eligible or if you need more information.

Collateral

The SBA's general policy requires guaranteed loans to be fully secured; with SBAExpress, lenders may approve unsecured lines of credit up to $25,000.

Loan Maturity

Loan maturity generally is five to 10 years, and up to 25 years for fixed-asset loans. Length of time for repayment depends on the borrower's ability to repay and the use of the loan proceeds.

Interest Rates

Lenders and borrowers can negotiate the interest rate. Rates are tied to the prime rate (as published in the Wall Street Journal) and may be fixed or variable, but they may not exceed SBA maximums:

  • 2.25 percent over prime, for loans of less than seven years, and

  • 2.75 percent over prime, for loans of seven years or longer.

Loans under $50,000 may be subject to slightly higher rates.

Maximum Loan Amount

The maximum loan amount for SBAExpress is $150,000.

Small Business Eligibility

SBAExpress loans help small businesses start, build or grow. To qualify for the program, a business must meet the SBA's size standards. These standards are based on the average number of employees over the preceding 12 months or the average sales over the previous three years. The agency publishes size standards for specific standard industrial classification (SIC)codes, but generally the standards are as follows:

Manufacturing - from 500 to 1,500 employees Wholesaling - 100 employees Services - from $2.5 million to $21.5 million in annual receipts Retailing - from $5 million to $21 million in annual receipts General Construction - from $13.3 million to $17 million in annual receipts

For More Information

The SBA has offices located throughout the United States. For the one nearest you, look under "U.S. Government" in your telephone directory, or call the SBA Answer Desk at 1-800-U-ASK-SBA. To send a fax to the SBA, dial 202-205-7064. For the hearing impaired, the TDD number is 704-344-6640. For information on your rights to regulatory fairness, the telephone number is1-800-REG-FAIR.

To access the agency's electronic public information services:

Internet: using uniform resource locators (URLs) SBA Home Page: www.sba.gov

For a free copy of The Resource Directory for Small Business Management, a listing of for-sale publications and videotapes, call your local SBA office or the SBA Answer Desk.

All of the SBA's programs and services are provided to the public on a nondiscriminatory basis.

 

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The Arkansas Small Business and Technology Development Center is funded in part through a cooperative agreement with the U.S. Small Business Administration through a partnership with the University of Arkansas at Little Rock College of Business and other institutions of higher education. All opinions, conclusions or recommendations expressed are those of the author(s) and do not necessarily reflect the views of the SBA. It is the goal of UALR to eliminate discriminatory harassment and to promote equal opportunity regardless of race, gender, color, national origin, sexual orientation, age, religion, veteran's status, or disability.