Education is Protection for Property ... - Real Estate Global Network

Federal and State Anti-Discrimination Laws MUST be learned and carefully followed by property management companies/landlords in order to avoid discriminating claims and ultimately facing a lawsuit. Become educated and make sound decisions based on documented evidence.

There are 7 anti-discrimination laws:

Title VII of the Civil Rights Act (1964)? the EEOC supports and enforces Title VII as well as prohibits retaliation by an employer for an employee that invokes Title VII. Title VII applies to employers that fit into the following categories?the federal government, employment agencies, private employers with at least 15 employees, state governments and their political subdivisions and agencies, labor organizations, and joint-labor management committees and other training programs.
Age Discrimination in Employment Act (ADEA)?prohibits discrimination based on age in all terms and conditions of employment, including promotions, hiring, job assignments, firing, compensation, shift assignments, and discipline.

The ADEA applies solely to private employers with at least 20 employees, labor unions, interstate agencies, employment agencies, and the federal government.

Americans with Disabilities Act (ADA)?applies to private employers with at least 15 employees, labor unions, local governments and their agencies, and employment agencies. The ADA prohibits employers from discriminating against people with disabilities in any aspect of employment, including testing, job assignments, applications, interviews, evaluations, leave, benefits, discipline, compensation, training, promotions, medical exams, layoffs, and firing. The ADA also protects those with a history of disabilities and those who are perceived, incorrectly, as having a disability. For example, an employee who has had cancer prior to employment is protected under the ADA. In addition, the ADA protects an employee who is related to or associates with someone with a disability.

Equal Pay Act (EPA)?The EPA requires equal pay for men and women by employers. This means that employees do equal work when they perform, under similar working conditions, jobs that require equal skill, effort, and responsibility. The only exceptions to the EPA are that employers can pay men and women different salaries for doing equal work if the difference is based on and incentive system, merit, seniority, or any factor other than gender.

Immigration Reform and Control Act (IRCA, 1986)?The IRCA prohibits employers from discriminating against applicants and employees on the basis of their citizenship or national origin. The IRCA applies to local, state, and federal governments as well as private employers with at least four employees. It prohibits all terms, conditions, and privileges of employment. These include discipline, promotions, benefits, hiring, firing, compensation, and job assignments. The IRCA prohibits the hiring of illegal aliens or those not authorized to work in the United States.

Civil Rights Act (1866)?declares that African Americans are citizens who are entitled to the same rights previously reserved for white men. These include the right to purchase property, give evidence in law suits, and sue or be sued in court. It also confers the right to make and enforce contracts, which courts have found prohibits racial discrimination in the employment relationship.

Genetic Information Nondiscrimination Act (GINA, 2008)?GINA requires employers to keep genetic information confidential. It also prohibits employers from requiring or asking an employee to provide genetic information and using an applicant's or employee's genetic information as the basis for employment decisions.
GINA applies to private employers with at least 15 employees, labor organizations, joint labor-management committees, state governments, federal government, private and public employment agencies. GINA contains exceptions for information the employer learns unintentionally, information gathered pursuant to the certification requirements of the FMLA (Family and Medical Leave Act), as well as information used for genetic monitoring, among other things.

Coupled with Federal and State Anti-Discrimination Laws, all employers and employees must educate themselves on the Fair Housing Laws. According to the FHL, you cannot refuse to rent to someone because of their familial status, religion, race, color, nationality, sex, or handicap. Keep these guidelines in mind in order to insure you don?t overlook important information:

? Know the specifics and familiarize yourself regarding all of the FHLs . Employers as well as all employees should be familiar with the Fair Housing Laws website and its key points:
http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housi...
In order to avoid potential lawsuits, your company should prepare all employees with the necessary tools and information in order for them to make the correct decisions for that company.

? Check EVERY potential renter?s references! I would suggest speaking with potential references as well as performing a background check. Always ensure that a potential renter has an up to date employment status and have a reliable history for paying rent.

? Treat every prospective renter fairly and the same. Decisions should never be based on gut feelings and should adhere to documentation that supports a positive or negative outcome; always provide proof and reasoning behind a solid decision.

? Proper documentation regarding whether or not to rent to a potential client is necessary. Keep all records and information secure so it?s readily available if any questions arise. However, it would be in your best interest to refuse a rental based on things such as criminal history, credit history, lack of funds, and/slow payments. This documentation will act as proof if ever questioned.

Syd Chase
Syd Chase Group, LLC

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