Fair Housing
What is the 'sex' protected class under the Fair Housing Act and how has its interpretation evolved?
A'Sex' covers only biological sex; no evolution has occurred
B'Sex' has been interpreted by HUD and courts to include gender identity and sexual orientation following the Supreme Court's Bostock decision's influence on civil rights interpretation✓ Correct
C'Sex' only covers pregnancy discrimination
D'Sex' is not a federal fair housing protected class
Explanation
The Fair Housing Act's prohibition on sex discrimination originally covered biological sex. Following the Supreme Court's 2020 Bostock decision (holding that Title VII sex discrimination covers sexual orientation and gender identity), HUD issued guidance that the FHA similarly prohibits discrimination based on sexual orientation and gender identity.
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Key Terms to Know
Fair Housing Act
Federal law prohibiting discrimination in the sale, rental, or financing of housing based on race, color, national origin, religion, sex, disability, and familial status.
SteeringAn illegal practice where a real estate agent directs buyers toward or away from certain neighborhoods based on the buyer's race, religion, national origin, or other protected characteristics.
BlockbustingAn illegal practice of inducing homeowners to sell by claiming that the entry of minority groups will lower property values.
RedliningAn illegal practice where lenders or insurers deny services or charge higher rates in certain neighborhoods based on the racial or ethnic composition of those areas.
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