Protected Class

Detailed Real Estate Term Definition

The term “Protected Class” under U.S. federal anti-discrimination laws identifies specific groups of individuals who are legally safeguarded from discrimination. These protections extend across various domains including housing, employment, and education. The primary laws governing these protections in the real estate sector include:

Civil Rights Act of 1964

Protected Classes: Race, Color, Religion, National Origin
Scope: Prohibits discrimination based on race, color, religion, and national origin. This landmark legislation set the foundation for subsequent anti-discrimination laws.

Civil Rights Act of 1968 (Fair Housing Act)

Protected Classes: Race, Color, Religion, Sex, National Origin, Disability, Familial Status
Scope: Specifically addresses discrimination in housing, making it illegal to discriminate in the sale, rental, and financing of housing based on these categories, with certain exceptions for senior housing.

Examples

Housing Scenario: A landlord cannot refuse to rent an apartment to an individual because of their race or national origin. If an applicant of a protected class is treated unfavorably due to their race, this violates the Fair Housing Act.
Employment Scenario: An employer cannot make hiring, firing, or promotional decisions based on an employee’s religion or gender. For instance, refusing to promote someone because they are a woman is illegal.

Frequently Asked Questions (FAQs)

Q1: What is considered a protected class?

A1: Protected classes include race, color, religion, sex, national origin, disability, and familial status, amongst others, as defined by various federal and state laws.

Q2: How does the Fair Housing Act protect renters and buyers?

A2: The Fair Housing Act prohibits landlords, sellers, and financial institutions from discriminating against individuals based on their protected class status in housing-related transactions.

Q3: Can age be considered a protected class?

A3: Age can be a protected class under specific circumstances, such as employment (Age Discrimination in Employment Act). For housing, specific protections for seniors are provided.

Q4: Are protections for protected classes also extended at the state level?

A4: Yes, many states and local jurisdictions have additional laws and protections that may include more protected categories such as sexual orientation and marital status.

Fair Housing Act: A federal law aimed at eliminating discrimination in housing opportunities and ensuring equal housing options for all.
Civil Rights Act: Encompasses the laws enacted to end segregation and ban discrimination based on race, color, religion, sex, or national origin.
Equal Employment Opportunity: Refers to the principle that all individuals should have equal chances for employment, irrespective of race, color, age, sex, disability, or national origin.

Online Resources

References

U.S. Department of Housing and Urban Development (HUD). Fair Housing Act Overview. Retrieved from https://www.hud.gov/program_offices/fair_housing_equal_opp/fair_housing_act_overview
Equal Employment Opportunity Commission (EEOC). Understanding Your Employment Rights. Retrieved from https://www.eeoc.gov/overview

Suggested Books for Further Studies

“The Fair Housing Act: Impact and Analysis” by Robert G. Schwemm
“Civil Rights and the American Supreme Court: A History” by Gregg Ivers
“Fair Housing: A Guidebook for Housing Managers” by Robert E. Levin

Real Estate Basics: Protected Class Fundamentals Quiz

### What federal law prohibits discrimination in housing based on race, religion, sex, or national origin? - [x] The Fair Housing Act of 1968 - [ ] The Civil Rights Act of 1964 - [ ] The Americans with Disabilities Act - [ ] The Equal Employment Opportunity Act > **Explanation:** The Fair Housing Act of 1968 specifically addresses housing discrimination, prohibiting it based on race, color, religion, sex, national origin, familial status, and disability. ### Which of the following is NOT a protected class under the federal Fair Housing Act? - [x] Sexual Orientation - [ ] Race - [ ] Religion - [ ] Disability > **Explanation:** While sexual orientation is increasingly recognized in state and local laws and policies, it is not specifically listed as a federal protected class under the Fair Housing Act. ### Which act primarily addresses discrimination in employment settings? - [ ] The Fair Housing Act - [ ] The Civil Rights Act of 1964 - [x] Title VII of the Civil Rights Act of 1964 - [ ] The Equal Housing Opportunity Act > **Explanation:** Title VII of the Civil Rights Act of 1964 primarily addresses discrimination in employment and focuses on race, color, religion, sex, and national origin. ### In housing, which of the following classes has specific provisions aside from the Fair Housing Act? - [x] Seniors - [ ] Young Adults - [ ] Business Owners - [ ] Commuters > **Explanation:** The Fair Housing Act includes specific provisions for families with children and separate guidelines for senior housing. ### Can a landlord refuse to rent to a tenant with children under any circumstances? - [ ] Yes, unconditionally - [x] Yes, but only if the property is legally designated for seniors - [ ] No, unconditionally - [ ] Yes, if the landlord presents a valid reason > **Explanation:** The Fair Housing Act allows exceptions for housing designated for seniors where landlords may legally refuse to rent to families with children. ### Does the Equal Employment Opportunity Commission (EEOC) also enforce housing laws? - [ ] Yes - [x] No - [ ] Sometimes - [ ] Only when asked to > **Explanation:** The EEOC specifically enforces federal laws that prohibit job discrimination. Housing discrimination laws are enforced by the U.S. Department of Housing and Urban Development (HUD). ### Which U.S. department is responsible for enforcing the Fair Housing Act? - [ ] The Department of Labor - [x] The Department of Housing and Urban Development (HUD) - [ ] The Department of Health and Human Services - [ ] The Department of Justice > **Explanation:** The U.S. Department of Housing and Urban Development (HUD) is the primary agency responsible for enforcing the Fair Housing Act. ### What is a major consequence if a real estate agent is found violating fair housing laws? - [ ] They receive a warning - [ ] They cannot show houses for one month - [x] They can face penalties and loss of license - [ ] They may only work with renters > **Explanation:** Real estate agents who are found violating fair housing laws can face significant penalties and may lose their professional license to operate. ### In addition to federal laws, how else do state laws affect protected class status? - [x] They can provide additional protections beyond federal regulations. - [ ] They cannot override federal laws. - [ ] They offer fewer protections than federal laws. - [ ] They are not relevant in real estate. > **Explanation:** State laws can provide additional protections and recognize more protected classes than federal regulations; however, they cannot provide fewer protections. ### Why is it crucial for real estate professionals to understand protected class laws? - [ ] To navigate property sales more efficiently - [ ] To determine property valuation - [x] To ensure fair treatment and adherence to anti-discrimination laws - [ ] To enhance marketing strategies > **Explanation:** Understanding protected class laws is essential for real estate professionals to ensure fair treatment of individuals and compliance with both federal and state anti-discrimination laws.