Chapter: Which of the following is NOT a protected class under the Illinois Human Rights Act regarding housing? (EN)

The Illinois Human Rights Act (IHRA) and Protected Classes in Housing

The Illinois Human Rights Act (IHRA) is a comprehensive piece of legislation designed to prevent discrimination across various spheres of life, including housing. Its fundamental principle is to ensure equal access and opportunity for all residents of Illinois, regardless of their characteristics. This chapter focuses specifically on the protected classes recognized under the IHRA as they pertain to housing. Understanding these protected classes is crucial for compliance with the law and for fostering equitable housing practices.

Defining “Protected Class”

In the context of the IHRA, a “protected class” refers to a characteristic of a person that cannot be used as a basis for discrimination in housing-related decisions. This means landlords, sellers, real estate agents, and other housing providers are prohibited from treating individuals differently based on their membership in a protected class. Such differential treatment, if based on a protected class, is considered illegal discrimination.

Key Protected Classes Under the IHRA (Housing)

The IHRA explicitly identifies several protected classes in the realm of housing. It’s imperative to understand each of these categories to accurately determine if discrimination has occurred. The following list details each class, along with relevant scientific and legal contextualization. Note that interpretations and applications of these categories evolve through court cases and legislative amendments.

1. Race:

   • Refers to a person’s ancestry or ethnic origin. This is a fundamental protected class stemming from historical discrimination.
   • Scientific Context: While “race” is a social construct, its impact on lived experiences is undeniable. Studies in social psychology and sociology demonstrate the persistent effects of racial bias in housing markets. Statistical analysis shows disparities in housing access and quality based on race.

   • Example: A landlord refusing to rent to a qualified applicant because of their racial background.
     2. Color:

   • Related to the pigmentation of a person’s skin. This is a distinct category from race, although often interconnected.

   • Scientific Context: Melanin production, the primary determinant of skin color, is genetically influenced and related to geographic adaptation to sunlight exposure. Colorism, a form of discrimination based on skin tone, is a specific manifestation of bias often seen within racial groups.

   • Example: A housing advertisement specifying a preference for tenants with lighter skin tones.
     3. Religion:

   • Encompasses a person’s sincerely held religious beliefs and practices.

   • Scientific Context: Sociology of religion examines the impact of religious affiliation on social behaviors and institutions. Religious discrimination in housing can be seen as a barrier to religious freedom and community integration.

   • Example: A landlord refusing to rent to a tenant who wears religious attire or practices a particular faith.
     4. National Origin:

   • Relates to the country of a person’s birth or ancestry. Includes language barriers and cultural practices associated with a particular nationality.

   • Scientific Context: Demographic studies analyze migration patterns and the distribution of different national origin groups within society. Discrimination based on national origin can hinder economic and social mobility.

   • Example: A real estate agent steering clients of a specific national origin towards certain neighborhoods.
     5. Ancestry:

   • Similar to national origin, but broader, relating to a person’s lineage and familial heritage.

   • Scientific Context: Genealogical research provides a means to trace ancestry and understand population movements. Discrimination based on ancestry targets individuals based on their perceived cultural background.

   • Example: A housing policy that excludes individuals with a specific surname associated with a particular ancestral group.
     6. Sex:

   • Refers to a person’s biological sex (male or female) assigned at birth.

   • Scientific Context: Biology and genetics define sex characteristics. Sex discrimination in housing perpetuates gender inequality.

   • Example: A landlord preferring male tenants over female tenants, or vice versa, for arbitrary reasons.
     7. Sexual Orientation:

   • Encompasses a person’s emotional, romantic, and/or sexual attraction to other people. This includes lesbian, gay, bisexual, and heterosexual orientations.

   • Scientific Context: Research in psychology and sociology examines the social determinants of sexual orientation and the impact of discrimination on LGBTQ+ individuals.

   • Example: A landlord refusing to rent to a same-sex couple.
     8. Gender Identity:

   • Refers to a person’s internal sense of being male, female, both, or neither, regardless of their sex assigned at birth. Includes transgender individuals.

   • Scientific Context: Gender identity is a complex construct influenced by biological, psychological, and social factors. Discrimination against transgender individuals in housing is a significant barrier to their well-being.

   • Example: A housing provider discriminating against a transgender applicant because their gender identity does not match their assigned sex at birth.
     9. Age:

   • Protects individuals aged 40 and over from age-based discrimination.

   • Scientific Context: Gerontology studies the aging process and the challenges faced by older adults. Age discrimination in housing can limit access to suitable and affordable housing for seniors.

   • Example: A housing complex that restricts occupancy to younger adults, effectively excluding older individuals.
     10. Order of Protection Status:

   • Protects individuals who have obtained an order of protection from discrimination in housing. This is aimed at preventing abusers from using housing as a means of control.

   • Scientific Context: Criminology and victimology research the dynamics of domestic violence and the need for protective measures. This protection recognizes the vulnerability of individuals experiencing domestic violence.

   • Example: A landlord refusing to rent to an applicant because they have an order of protection against an abuser.
     11. Marital Status:

   • Prohibits discrimination based on whether a person is married, single, divorced, separated, or widowed.

   • Scientific Context: Sociology examines the changing patterns of marriage and family structures. This prevents discrimination based on traditional or non-traditional family arrangements.

   • Example: Refusing to rent to a single parent with children.
     12. Physical or Mental Disability:

   • Protects individuals with physical or mental impairments that substantially limit one or more major life activities. This includes providing reasonable accommodations.

   • Scientific Context: Medicine and psychology define and diagnose disabilities. This protection ensures equal housing access for individuals with disabilities.

   • Example: Refusing to rent to someone using a wheelchair, or failing to provide a reasonable accommodation like a ramp.
     13. Familial Status:

   • Protects families with children under the age of 18 from discrimination.

   • Scientific Context: Developmental psychology examines the needs of children and families. This protection prevents landlords from excluding families with children.

   • Example: A housing complex that prohibits children from residing in the building.
     14. Military Status:

   • This protects members of the Armed Forces (active, reserve, National Guard) from housing discrimination.

   • Scientific Context: Sociology and political science examine the role of the military in society. This protection acknowledges the service of military personnel and prevents discrimination related to their service.
   • Example: Refusing to rent to someone based on their active duty status or deployment schedule.
     15. Unfavorable Discharge from Military Service:
   • This protects veterans who have received an unfavorable discharge from military service.
   • Scientific Context: Psychology and sociology examine the unique challenges faced by veterans, including readjustment and potential discrimination. This protection prevents discrimination based on past military service, even with an unfavorable discharge.
   • Example: Refusing to rent to a veteran because they received a less-than-honorable discharge.

Classes NOT Protected Under the IHRA (Housing)

It’s equally important to understand which characteristics are not protected classes under the IHRA regarding housing. While other laws may provide protection based on these characteristics in different contexts, the IHRA specifically does not include them in its housing provisions. Some examples might be:

• Occupation: The IHRA does not generally protect against discrimination based solely on one’s profession. For instance, a landlord could (lawfully under IHRA housing provisions) refuse to rent to someone based on their job. However, some localities might have additional protections related to source of income.
• Education Level: Similarly, a person’s educational attainment is not a protected class under the IHRA concerning housing.
• Credit Score: While discriminatory lending practices based on credit history could be challenged under other laws if those practices disparately impact a protected class (disparate impact theory), a low credit score itself is not a protected characteristic under the IHRA.
• Criminal Record: While blanket bans on renting to individuals with any criminal record have faced legal challenges (particularly if they disproportionately affect members of a protected class), having a criminal record, in and of itself, is not a protected class under the IHRA in housing. Some localities may restrict the use of criminal history in housing decisions.
• Source of Income (General): Generally, the source of income (e.g., employment income, social security) is not explicitly a protected class under the state-level IHRA. However, it’s critical to note that some local ordinances (e.g., in Chicago and Cook County) do protect against discrimination based on the source of income. These local laws prohibit landlords from refusing to rent to someone based on how they receive their income, such as through housing vouchers (Section 8), Social Security, or other government assistance programs.

Disparate Impact

While the IHRA identifies specific protected classes, it’s also important to consider the concept of disparate impact. This legal theory holds that a housing policy or practice that appears neutral on its face can still be discriminatory if it has a disproportionately negative impact on members of a protected class. Even if the policy is not intentionally discriminatory, it can be deemed illegal if it creates a significantly unequal outcome.

• Equation (Simple Example): Let P(X|A) represent the probability of outcome X (e.g., denial of housing) given membership in protected class A. Disparate impact may be present if P(X|A) >> P(X|¬A), where ¬A means “not in protected class A”.
• Example: A “no pets” policy in an apartment building might seem neutral, but it could disproportionately impact individuals with disabilities who rely on service animals. This could be considered a disparate impact on the “physical or mental disability” protected class.

Conclusion

The Illinois Human Rights Act plays a crucial role in ensuring fair and equitable housing opportunities. Understanding the specific protected classes outlined in the IHRA, as well as the concept of disparate impact, is essential for anyone involved in the housing market. Remember to consult the latest version of the IHRA and relevant legal precedents for the most accurate and up-to-date information. Also, be aware that local ordinances may provide additional protections beyond those offered by the state law.