HUD: Gender Identity and Sexual Orientation Covered by Fair Housing Act

Regulation | February 11, 2021 | by Linda Couch

HUD announced the Fair Housing Act’s sex discrimination provisions are comparable to Title VII of the Civil Rights Act and, therefore, extend to include discrimination based on sexual orientation and gender identity. HUD will use the Fair Housing Act to fully combat disc based on sexual orientation and gender identity.

HUD announced the Fair Housing Act’s sex discrimination provisions are comparable to Title VII of the Civil Rights Act and, therefore, extend to include discrimination based on sexual orientation and gender identity. HUD will use the Fair Housing Act to fully combat disc based on sexual orientation and gender identity.

The February 11 HUD announcement follows an executive order from President Joe Biden, which asked HUD and other agencies to look at steps that could be taken to combat discrimination based on sexual orientation and gender identity.

In 2020, the Supreme Court found in a workplace discrimination suit, Bostock v Clayton County, that sex discrimination under Title VII of the Civil Rights Act includes discrimination based on sexual orientation and gender identity.

In Bostock, the Supreme Court protected workplaces from gender identity and sexual orientation discrimination in its decision. Today, HUD extends those protections to the housing market under the strong enforcement umbrella of the Fair Housing Act.

In December, LeadingAge called on the then-Biden transition team to strengthen Fair Housing tools and enforcement and is encouraged by steps taken in the first three weeks of the Biden Administration.

LGBTQ older adults face denial of housing and harassment today and LeadingAge is thrilled with HUD’s announcement.