By Mark Zinman| Zona Law
Fair housing issues have become more prominent in our industry in the past few years. Thankfully, investors and managers are taking this seriously and putting more of a focus on fair housing education and training. Zona Law attorneys are a big advocate for fair housing laws and the discriminations it seeks to eliminate, and we believe education is the best way to promote these ideas.
Further, we think it’s good to realize that these matters permeate all areas of life, and it is not just property managers affected by such matters. Claims of discrimination have risen, and the complexity of those problems has also increased. To help put these issues into perspective, we thought it would be a good idea to look at issues in other industries that are analogous to issues managers see on-site.
Disability & Accommodation/Modification – Dunkin (Donuts) was recently sued for alleged disability discrimination. Customers who are lactose intolerant claim that the store discriminates against them by charging up to $2.00 more per drink for oat or almond milk, as compared to standard milk. They allege that being lactose intolerance is a disability under the Americans with Disabilities Act (“ADA”) and that they don’t have a choice but to pay for the more expensive milk substitute. Like fair housing laws, under the ADA, public accommodations must grant modifications or accommodations in certain instances. Starbucks was previously sued under a similar theory and filed a motion to dismiss, which is still pending before the court. We will have to wait to see how the courts rule.
Race – The City of Phoenix was recently sued by employees at the airport, claiming racial discrimination related to pay and advancements. Airport employees claim that White employees were paid more on a regular basis compared to Black or Hispanic employees. Further, such minority employees claimed that they were discouraged from applying for higher-paying jobs, which were offered to White employees. This claim was just filed with the state and is in the initial stages of investigation.
While the lawsuit over milk may not be one that investors face, the principles underlying both of these claims are concepts that managers deal with on a regular basis. Both of these are good examples that just because something has been done one way for a long time, doesn’t mean it’s necessarily safe. It is always a good idea to review company policies.
Another important concept to be taken from these is that just because someone claims discrimination and files a claim, doesn’t mean it’s true. Just as property managers have a right to defend themselves, the defendants in the above-referenced cases will get a chance to defend themselves and present arguments on the issues raised. The filing of a complaint, without more, doesn’t mean anything was done wrong.