Chapter: Which of the following is NOT a protected class under the Maine Human Rights Act in real estate transactions? (EN)

Chapter: Which of the following is NOT a protected class under the Maine Human Rights Act in real estate transactions? (EN)

Maine Human Rights Act (MHRA) and Protected Classes in Real Estate

The Maine Human Rights Act (MHRA) prohibits discrimination in various areas, including real estate transactions. Understanding the specifically enumerated protected classes under this Act is crucial for ensuring fair housing practices. Discrimination based on any of these classes is illegal. The foundation of this legislation rests on principles of social justice and equal opportunity, aiming to mitigate systemic inequalities that have historically disadvantaged certain groups.

• Scientific Basis for Protected Classes: The recognition of these classes stems from sociological and psychological research demonstrating the pervasive effects of prejudice and discrimination based on inherent or immutable characteristics. Studies have consistently shown that discrimination can lead to:

  • Differential Access: Unequal opportunities for housing, employment, and education.
  • Psychological Distress: Increased rates of anxiety, depression, and other mental health issues.
  • Socioeconomic Disparities: Widening gaps in income, wealth, and overall quality of life.

Protected Classes Under the MHRA in Real Estate

The MHRA explicitly protects individuals from discrimination in real estate transactions based on the following characteristics:

1. Race: This refers to a person’s ancestry or ethnic origin. Scientific understanding of race has evolved significantly. Current biological research confirms that race is a social construct with limited biological basis.

   • Genetic Diversity: Human genetic variation is continuous and geographically structured, not neatly divided into distinct racial categories. A study by Lewontin (1972) highlighted the high degree of genetic variation within, rather than between, racial groups. Quantitatively, this can be represented as:

     H_W > H_B

     Where:
     * H_W represents genetic variation within a racial group.
     * H_B represents genetic variation between racial groups.

   • Social Implications: Discrimination based on race perpetuates systemic inequalities and hinders social mobility.

2. Color: This refers to a person’s skin pigmentation. Like race, color is often used as a basis for discriminatory practices.

3. Religion: This refers to a person’s religious beliefs or practices. Protecting religious freedom is a fundamental principle, and discrimination based on religion is a violation of this right.

4. Sex: This includes gender, sexual orientation, and gender identity. Scientific understanding of sex and gender has expanded to recognize the complexity and diversity of human experiences.

   • Biological Sex: Typically assigned at birth based on observable biological characteristics. However, intersex individuals demonstrate that biological sex is not always binary.
   • Gender Identity: A person’s internal sense of being male, female, both, or neither.
   • Sexual Orientation: A person’s sexual attraction to others.

   • Endocrine System: Hormones, such as testosterone (T) and estrogen (E), play a crucial role in sexual development and differentiation. The ratio of these hormones can influence secondary sexual characteristics. This can be represented as:

     Ratio = [T]/[E]

     Where:
     * [T] represents the concentration of testosterone.
     * [E] represents the concentration of estrogen.

5. National Origin: This refers to a person’s country of birth or ancestry. Discrimination based on national origin can manifest in various forms, including xenophobia and prejudice against immigrants.

6. Ancestry: Similar to national origin, this pertains to the lineage and ethnic background of an individual.

7. Physical or Mental Disability: This encompasses a wide range of impairments that substantially limit one or more major life activities.

   • Americans with Disabilities Act (ADA): The MHRA aligns with the ADA, which defines disability broadly. A disability can be a physical or mental impairment that substantially limits one or more major life activities.
   • Functional Capacity: Assessing the impact of a disability often involves evaluating an individual’s functional capacity, which can be quantified using various scales and measurements.

8. Familial Status: This refers to the presence of children in a household. Discrimination against families with children is prohibited.

9. Receipt of Public Assistance: Landlords cannot discriminate against tenants based on their reliance on public assistance programs (e.g., Section 8 vouchers).

10. Genetic Information: Discrimination based on genetic information is prohibited. This includes information about an individual’s genetic predispositions to certain diseases.

11. Victim of Domestic Violence, Sexual Assault, or Stalking: Landlords cannot discriminate against individuals who are victims of domestic violence, sexual assault, or stalking. This protection aims to ensure housing stability for vulnerable individuals.

Characteristics NOT Protected Under the MHRA in Real Estate

While the MHRA provides broad protections, certain characteristics are not explicitly listed as protected classes in real estate transactions.

• Credit Score: While a landlord may consider a tenant’s credit history, a low credit score itself is not a protected characteristic under the MHRA. However, if the reason for a low credit score is related to a protected characteristic (e.g., discriminatory lending practices based on race), then a violation of the MHRA may exist. Credit scores are calculated using algorithms that consider various factors, represented as:

  Credit Score = f(Payment History, Amounts Owed, Length of Credit History, New Credit, Credit Mix)

• Occupation: A person’s job or profession is not a protected class under the MHRA in the context of real estate transactions. A landlord is free to consider the applicant’s employment status and income.

• Personal Habits or Lifestyle Choices (within legal limits): While some municipalities may have ordinances protecting against discrimination based on legal lifestyle choices, these are not covered under the MHRA. For example, a landlord can prohibit smoking in the property.

Practical Applications and Examples

• Example of Discrimination: A landlord refuses to rent to a family with three children, stating that the property is “not suitable for families.” This is a violation of the MHRA based on familial status.
• Example of Non-Discrimination: A landlord rejects an applicant with a poor credit history due to multiple late payments and defaults. As long as this decision is applied consistently and is not a pretext for discriminating against a protected class, it is likely permissible under the MHRA.

Conclusion

Understanding the protected classes under the Maine Human Rights Act is essential for all participants in real estate transactions. While the Act provides broad protections to ensure fair housing practices, certain characteristics, such as credit score or occupation, are not specifically protected. Careful consideration of the MHRA and other relevant regulations is necessary to avoid discriminatory practices and promote equal opportunity in housing.