Chapter: Which of the following is a protected class under the Iowa Civil Rights Act, but NOT under the Federal Fair Housing Act? (EN)

Chapter: Which of the following is a protected class under the Iowa Civil Rights Act, but NOT under the Federal Fair Housing Act? (EN)

Understanding Protected Classes in Housing Law

The Federal Fair Housing Act (FFHA) and the Iowa Civil Rights Act (ICRA) are crucial pieces of legislation aimed at preventing housing discrimination. Both acts outline specific categories of individuals who are protected from discriminatory practices in the sale, rental, and financing of housing. These categories are known as “protected classes.” Understanding the nuances of these protected classes under each act is essential for ensuring fair housing practices.

The Federal Fair Housing Act (FFHA)

The FFHA, enacted as Title VIII of the Civil Rights Act of 1968, prohibits discrimination based on:

• Race: This includes discrimination based on ancestry or ethnic origin. Scientifically, race is a social construct, but discriminatory practices based on perceived racial characteristics have significant social and economic consequences.
• Color: Discrimination based on skin pigmentation. This is distinct from race, as individuals of the same race can have varying skin tones.
• Religion: Discrimination based on an individual’s religious beliefs or practices. The First Amendment of the U.S. Constitution guarantees freedom of religion.
• National Origin: Discrimination based on the country where a person was born or their ancestry.
• Sex: Discrimination based on biological sex or gender. This includes discrimination based on pregnancy.
• Familial Status: Discrimination against families with children under the age of 18. This protects single parents, pregnant women, and those seeking to adopt.
• Disability: Discrimination against individuals with physical or mental impairments that substantially limit one or more major life activities. The Americans with Disabilities Act (ADA) provides further protections for individuals with disabilities. The concept of “reasonable accommodation” is central to preventing discrimination against individuals with disabilities in housing.
  • Let $D$ represent the presence of a disability.
  • Let $A$ represent a request for reasonable accommodation.
  • If the denial of $A$ is significantly related to $D$, this constitutes discrimination.

The Iowa Civil Rights Act (ICRA)

The ICRA expands upon the protections offered by the FFHA, providing additional protected classes within the state of Iowa. The ICRA mirrors the FFHA’s protected classes, but adds further protection against discrimination based on:

• Race: Same as FFHA
• Color: Same as FFHA
• Religion: Same as FFHA
• National Origin: Same as FFHA
• Sex: Same as FFHA
• Familial Status: Same as FFHA
• Disability: Same as FFHA
• Marital Status: Discrimination based on whether a person is married, single, divorced, separated, or widowed. This is the key distinction.
• Sexual Orientation: Discrimination based on an individual’s sexual orientation, whether they are lesbian, gay, bisexual, or heterosexual.
• Gender Identity: Discrimination based on an individual’s internal sense of being male, female, both, or neither. This protection is broader than simply biological sex.

Key Difference: Marital Status, Sexual Orientation, and Gender Identity

The critical distinction lies in the inclusion of marital status, sexual orientation, and gender identity as protected classes under the ICRA, but not under the FFHA. This means that in Iowa, it is illegal to discriminate against someone in housing based on their marital status, sexual orientation, or gender identity, while such discrimination is not explicitly prohibited at the federal level (although some interpretations of “sex” discrimination may include gender identity discrimination).

• Marital Status: A landlord cannot refuse to rent to a single person, a divorced person, or a married couple simply based on their marital status.

• Sexual Orientation: It is illegal in Iowa to deny housing to someone because they are gay, lesbian, bisexual, or heterosexual. This protection is based on the scientific understanding that sexual orientation is a fundamental aspect of a person’s identity. Studies have shown that discrimination based on sexual orientation has negative impacts on mental health and well-being, similar to other forms of discrimination.

• Gender Identity: A landlord cannot refuse to rent to a transgender person or someone who identifies as non-binary based on their gender identity. This protection is informed by the scientific consensus that gender identity is distinct from biological sex and is a core component of an individual’s identity. Research shows that transgender and non-binary individuals face significant discrimination in housing, leading to homelessness and instability.

Practical Applications and Examples

• Scenario 1: A landlord in Iowa refuses to rent an apartment to a same-sex couple. This would be a violation of the ICRA’s protection against discrimination based on sexual orientation, but not the FFHA.

• Scenario 2: A landlord in Iowa refuses to rent to a divorced woman. This would be a violation of the ICRA’s protection against discrimination based on marital status, but not the FFHA.

• Scenario 3: A landlord in Iowa refuses to rent to a transgender woman. This would be a violation of the ICRA’s protection against discrimination based on gender identity, and possibly under some interpretations of the FFHA’s “sex” discrimination clause, but this is not universally agreed upon.

Legal and Scientific Context

The expansion of protected classes under the ICRA reflects a growing societal understanding of the importance of protecting individuals from discrimination based on factors that are inherent to their identity. The inclusion of sexual orientation and gender identity as protected classes is supported by scientific research that demonstrates the negative impacts of discrimination on mental and physical health, as well as economic opportunities.

Conclusion

While the FFHA provides a foundational level of protection against housing discrimination, the ICRA expands upon these protections by including marital status, sexual orientation, and gender identity as protected classes. This means that in Iowa, it is illegal to discriminate against individuals based on these characteristics in housing, providing a more comprehensive framework for ensuring fair housing for all residents.