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FAIR HOUSING UPDATE
Protected Classes R Us
People protected from discrimination include … well, EVERYBODY
by the Seattle Office for Civil Rights


The Seattle Office for Civil Rights (SOCR) recently settled a housing case of harassment based on sexual orientation. What was unusual was the person filing the charge: a heterosexual man, who alleged that maintenance workers and other tenants repeatedly hurled anti-gay slurs at him, which the building's manager did nothing to stop.

It's not the first time that a heterosexual man has filed a charge with SOCR alleging discrimination based on sexual orientation. This type of case offers a useful reminder of a key point about fair housing: anti-discrimination laws protect all of us, not just the groups that we recognize as needing protection. Or to put it another way, the statute reads "sexual orientation," not "gay." It reads "race," not "black" and "national origin," not "foreigners."

At a recent HUD Conference in Anaheim, Bryan Greene, Deputy Assistant Secretary of Fair Housing and Equal Opportunity, proposed a new term to replace "protected class." He suggested using the phrase "prohibited basis," to underline the fact that the basis is what the law covers, not specific groups of people.

Of course, let's be honest - it's been a long time since a white person filed a charge alleging racial discrimination at our department. Men rarely file charges of discrimination based on their sex. So the distinction may seem like a minor point. But think about it. If you are part of a group that rarely experiences discrimination, have you ever felt a twinge of resentment about the "special" protection that "some people" appear to enjoy under fair housing laws? Have you heard politicians rail about the unfairness of "special rights" for such-and-such a group?

Now think about the different bases named in the law. Religion - not Muslim, Christian or Jewish. Sex - not just women, but men, too. Ancestry - not just that person over there, but his, hers, yours and mine. Color - as in black, brown and white.

Does it help shift our perspective once we view fair housing laws as protecting all of us?

Right now you're probably wondering, "Wait a minute. Aren't there some protected classes that only apply to specific groups?" Yes, you're right. "Disability" applies only to people with disabilities as defined by the fair housing laws. "Parental status" applies to families with children - a single person does not have status under this basis. In Seattle and unincorporated King County, use of a Section 8 housing voucher is protected under local fair housing law. Without participation in the Section 8 Program, that basis will not apply.

But in general, the open-mindedness of our fair housing law is worth pointing out. Equal rights are not special rights. They are the rights that all of us enjoy every day, sometimes without realizing it - until the fateful day when we find ourselves on the receiving end of unfair treatment.

And that heterosexual man who filed a charge of discrimination against his apartment manager? As part of the settlement, the property manager agreed to respond promptly to the resident's harassment complaints, to investigate the complaint and to take appropriate action to end the harassment. All in all, it was a fair conclusion to another fair housing story.

Have a question about fair housing in Seattle? Call the Seattle Office for Civil Rights at
206-684-4500 (TTY 206-684-4503), or find SOCR on the Web at www.seattle.gov/civilrights.



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Updated: Oct. 20, 2006

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