Fair Housing

Under the FHA, 'sex' as a protected class has been interpreted by HUD and courts to include:

AOnly biological sex at birth
BSex and, increasingly, sexual orientation and gender identity✓ Correct
COnly discrimination against women
DSex and age

Explanation

While the original FHA protected class of 'sex' meant biological sex, HUD and federal courts have increasingly interpreted 'sex' to include sexual orientation and gender identity protections, consistent with the Supreme Court's Bostock decision.

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