Chapter: Under the federal Fair Housing Act, it is illegal to discriminate based on: (EN)

Chapter: Under the Federal Fair Housing Act, It Is Illegal to Discriminate Based On:

Protected Classes Under the Fair Housing Act

The Fair Housing Act (FHA), enacted as Title VIII of the Civil Rights Act of 1968, prohibits discrimination in the sale, rental, and financing of housing based on specific protected characteristics. Understanding these characteristics and the scientific basis (where applicable) for their protection is crucial for compliance and promoting equitable housing practices.

1. Race:

   • Definition: Encompasses ancestry, ethnic origin, and perceived racial identity. Discrimination based on race often stems from deeply ingrained societal biases and prejudices rooted in historical injustices.
   • Scientific Context:
     • Genetic Variation: While superficial phenotypic variations exist, modern genetics has demonstrated that race is a social construct with limited biological basis. Genetic diversity within racial groups is significantly higher than between them. Analyzing genetic markers reveals a continuous spectrum of human variation, not discrete racial categories. This undermines any scientific justification for differential treatment based on race.
     • Environmental Factors: Variations in health outcomes and socioeconomic status observed across racial groups are primarily attributable to environmental factors, including access to resources, exposure to discrimination, and historical inequalities, rather than inherent biological differences.
   • Practical Applications:
     • Rental Screening: Rejecting a rental applicant solely because of their race violates the FHA.
     • Advertising: Housing advertisements cannot depict preferences for particular racial groups.
   • Experiment Example: A study could be designed to assess housing opportunities for individuals with similar qualifications but different perceived racial identities based on their names and photographs. Disparities in callback rates or offers of housing would indicate racial discrimination. This experiment can be approached with A/B testing methodologies in the real estate sector.

2. Color:

   • Definition: Refers to the shade of one’s skin. While often correlated with race, discrimination based on color can occur even within racial groups (e.g., colorism).
   • Scientific Context: Similar to race, skin color is a phenotypic trait determined by the amount and type of melanin present in the skin. Melanin production is influenced by genetics and environmental factors (primarily UV radiation). The distribution of skin color globally is a consequence of adaptation to varying levels of sunlight. Like race, color does not constitute a scientifically valid basis for discriminatory treatment.
   • Practical Applications:
     • Mortgage Lending: Denying a mortgage based on skin tone is illegal.
     • Harassment: Targeting a tenant with discriminatory remarks based on their skin color constitutes a violation.

3. Religion:

   • Definition: Encompasses religious beliefs, practices, and affiliations. The FHA protects both organized religions and sincerely held religious beliefs, even if unconventional.
   • Scientific Context: Religion, from a sociological and anthropological perspective, is a complex system of beliefs, rituals, and social organization that provides meaning, purpose, and social cohesion. While religious beliefs are subjective, the freedom to practice one’s religion without discrimination is a fundamental human right protected by law. Neuroscience investigates how religious beliefs and practices may affect brain function and behavior, but these studies do not provide any justification for religious discrimination.
   • Practical Applications:
     • Denying housing based on religious attire (e.g., hijab, yarmulke).
     • Refusing to rent to someone because they are of a particular faith.
     • Harassment based on religious beliefs.
     • Reasonable Accommodation: Landlords must make reasonable accommodations for tenants’ religious practices (e.g., allowing the placement of a mezuzah on a doorpost).
   • Experiment Example: Conduct an audit where actors with different religious affiliations inquire about housing, documenting any differential treatment based on their perceived religion.

4. National Origin:

   • Definition: Refers to the country of birth or ancestry. Includes discrimination based on language, cultural background, and perceived foreignness.
   • Scientific Context: Human populations have migrated and intermingled throughout history, resulting in diverse cultural and linguistic groups. Linguistic diversity is a significant aspect of human heritage. However, scientific research does not support any inherent differences in cognitive abilities or capabilities based on national origin. Discriminatory practices targeting specific national origin groups are often rooted in xenophobia and prejudice.
   • Practical Applications:
     • Refusing to rent to someone because they have a foreign accent.
     • Requiring specific immigration status beyond what is legally required for tenancy.
     • Discrimination based on birthplace or ancestry.
   • Experiment Example: Send matched pairs of housing inquiries with names and language styles suggestive of different national origins to observe differences in response rates or rental terms.

5. Sex:

   • Definition: Encompasses biological sex (male/female) and gender (socially constructed roles and identities). This includes protection against discrimination based on gender identity and sexual orientation (as clarified by subsequent court rulings and agency interpretations).
   • Scientific Context: Sex is determined by chromosomes, hormones, and anatomy. Gender identity is an individual’s internal sense of being male, female, both, or neither. Sexual orientation refers to a person’s enduring physical, romantic, and/or emotional attraction to other people. Sexual orientation and gender identity are recognized as integral aspects of human identity. Biological and social sciences contribute to understanding the diversity of sex, gender identity, and sexual orientation. Discrimination based on sex, gender identity, or sexual orientation is not supported by scientific evidence and violates principles of equality and human rights.
   • Practical Applications:
     • Sexual Harassment: Landlords cannot engage in sexual harassment of tenants.
     • Refusing to rent to a single woman or a same-sex couple.
     • Discrimination against transgender individuals.
   • Experiment Example: Compare the treatment of male and female applicants with similar qualifications for housing rentals or sales to identify any gender-based bias.

6. Familial Status:

   • Definition: Refers to the presence of children under the age of 18 in a household. Includes pregnant women and individuals seeking custody of children.
   • Scientific Context: This protection recognizes the importance of providing stable housing for families with children. Restrictions based on familial status can have detrimental effects on children’s well-being and educational opportunities. The focus is on ensuring that children have access to safe and adequate housing, regardless of their parents’ marital status or other factors.
   • Practical Applications:
     • Refusing to rent to families with children.
     • Imposing unreasonable restrictions on children’s activities in a housing complex (e.g., prohibiting them from using common areas).
     • Restricting the number of children allowed in a unit.
   • Experiment Example: Audit landlords to determine whether families with children receive different treatment compared to single adults or couples without children when applying for housing.

7. Disability:

   • Definition: Encompasses physical or mental impairments that substantially limit one or more major life activities. Includes individuals with a record of such an impairment or regarded as having such an impairment.
   • Scientific Context: Disability is a complex concept involving the interaction between individuals with impairments and environmental barriers. The social model of disability emphasizes that disability is not solely an individual attribute but is shaped by societal attitudes and structures. The FHA requires reasonable accommodations to mitigate these barriers and ensure equal housing opportunities for individuals with disabilities.
   • Practical Applications:
     • Refusing to rent to someone because of their disability.
     • Failing to make reasonable accommodations for individuals with disabilities (e.g., allowing a service animal, installing a ramp).
     • Refusing to allow reasonable modifications to a dwelling at the tenant’s expense.

   • Reasonable Accommodation Calculation (Example):

     Consider a ramp that costs $C$ to install. The tenant’s annual income is $I$, and the percentage of income they would reasonably spend on housing is $P$ (expressed as a decimal). A reasonable accommodation could be deemed one where $C < kPI$, where $k$ is a constant factor reflecting the acceptable multiple of annual housing cost for accommodation (e.g., $k=0.5$).
     * Experiment Example: Conduct paired testing where individuals with and without disabilities apply for housing to detect discriminatory practices.

Evolution and Impact of Scientific Knowledge

The understanding and definition of protected classes have evolved significantly over time, reflecting advancements in scientific knowledge and societal values. For example, early views on race were often based on pseudoscientific theories used to justify discrimination and inequality. However, modern genetics has debunked these theories, demonstrating the lack of biological basis for racial hierarchies. Similarly, evolving understandings of gender identity and sexual orientation, informed by biological, psychological, and sociological research, have led to broader legal protections.

Important breakthroughs include:

• Human Genome Project: Demonstrated the high degree of genetic similarity across human populations, undermining the biological basis for race.
• Research on Gender Identity and Sexual Orientation: Demonstrated that these are integral aspects of human identity, not choices, and that discrimination based on these characteristics has negative psychological and social consequences.
• Studies on the Social Model of Disability: Highlighted the role of societal barriers in creating disability and the need for accommodations and modifications to ensure equal access.

The impact of these scientific advancements has been profound, contributing to the dismantling of discriminatory practices and promoting a more inclusive and equitable society.