Title: ,,,Sexual Orientation and Gender Identity Discrimination Claims Under the Fair Housing Act After Bostock v. Clayton County
Abstract: Kaiser Family Foundation, 34% of gay and lesbian respondents reported that they or someone they knew had experienced discrimination when seeking to rent or buy a house. 10 Research studies, including matched pair testing, also indicate discrimination against LGBTQ individuals, although the extent of the discrimination they measure varies based on the form of the test performed.A 2013 study that relied on email contacts found that samesex couples were significantly less likely to receive responses to email inquiries than heterosexual couples. 11Studies that relied on telephone or in-person testing report higher rates of discrimination, even in states with legal prohibitions against such behavior.For example, testing conducted by four fair housing centers in Michigan found that 27% of the tests showed a disparity in treatment based on sexual orientation, including differences in rental rates, level of encouragement, and application fees, all favoring the heterosexual test teams. 12 The researchers also observed "behavior bordering on sexual harassment directed toward testers posing as same-sex couples." 13 In 2017, the Urban Institute conducted a multi-state, in-person testing project, the most significant such project to date. 14 The researchers found that gay men posing as housing-seekers were told about fewer units and quoted higher rental fees than straight testers. 15 Transgender testers were less likely to be told about available units, or were told about fewer units, 10.Inside-OUT: A Report on the Experiences of Lesbians, Gays and Bisexuals in America and the Public's Views on Issues and Policies Related to Sexual Orientation, KAISER FAM.FOUND.Chart 4 (Nov.2001), https://www.kff.org/wp-content/uploads/2013/01/new-surveys-on-experiences-of-lesbians-gays-and-bisexuals-and-the-public-sviews-related-to-sexual-orientation-chart-pack.pdf[https://perma.cc/EA7C-PTQG].Interestingly, in the same survey, 74% of the general public surveyed expressed support for "[l]aws to protect gays and lesbians from prejudice and discrimination in housing."Id. at Chart 17.11.