13.1 Fair Housing Laws #
The major federal fair housing law is the Fair Housing Act. Title VIII of the Civil Rights Act of 1968, as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents or legal custodians, pregnant women, and people securing custody of children under the age of 18), or handicap (disability, including persons with AIDS).
It is illegal to discriminate against any person because of age, race, creed, color, religion, sex, handicap, familial status or national origin:
- In the sale or rental of housing or residential lots.
- In advertising the sale or rental of housing.
- In the financing of housing.
- In the provision of real estate company services.
- In the appraisal of housing.
- Blockbusting, inducing, or attempting to induce for profit a person to sell or rent a dwelling by representations regarding the entry into the neighborhood of a person or persons belonging to one of the protected classes, is also illegal.
In addition to the protected classes described above, several other state laws also prohibit discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on gender identity, gender expression (a person’s gender-related appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth), sexual orientation, marital status, ancestry, source of income, genetic information, religious grooming, breastfeeding, or any arbitrary classification. Check your particular State laws to ensure you are in compliance.
NAR and HUD developed a REALTOR® Fair Housing Declaration, a guideline of general fair housing principles, to which the Company firmly subscribes. Under the fair housing principles, you agree to the following:
- Provide equal professional service without regard to the race, color, religion, sex, handicap, familial status, or national origin of any prospective client, customer, or residents of any community.
- Keep informed about fair housing law and practices, improving your clients’ and customers’ opportunities and your business.
- Develop advertising that indicates that everyone is welcome and no one is excluded; expanding your clients’ and customers’ opportunities to see, buy, or lease property.
- Inform your clients and customers about their rights and responsibilities under the fair housing laws by providing brochures and other information.
- Document your efforts to provide professional service, which will assist you in becoming a more responsive and successful REALTOR®.
- Refuse to tolerate non-compliance.
- Learn about those who are different from you and celebrate those differences.
- Take a positive approach to fair housing practices and aspire to follow the spirit as well as the letter of the law.
- Develop and implement fair housing practices for your firm to carry out the spirit of this declaration.
Source: National Association of REALTORS®at http://www.realtor.org/programs/fair-housing-program/fair-housing-declaration
All Associates of the Company are encouraged to adhere to the process outlined in the National Association of REALTORS® Fair Housing Handbook, which can be viewed and purchased here.
https://store.realtor/fair-housing-handbook-fifth-edition-digital-download/
13.2 Discrimination Charges #
The Company will investigate any accusation of discrimination. If the investigation confirms a possible violation of discrimination laws, your actions may be reported to the DRE for further investigation and disciplinary action. Your affiliation with the Company may also be terminated.
13.3 Harassment #
Professional behavior is a requirement around your fellow Associates, Managers, Company employees, staff and customers. Harassment is strictly prohibited in this Company. Some examples of harassment include, but are not limited to, the following:
- Sex-related harassment: Displaying power over a man or a woman because of gender through disparaging gender-related remarks and threatening behavior. Unnecessary touching, unwelcomed jokes of a sexual nature, inappropriate gestures or use of suggestive materials, intimidating or otherwise inappropriate behavior, such as asking for, or offering, sexual favors, homophobic remarks, threats to disclose sexuality, and intimate questions about sexual activity.
- Racial harassment: Inappropriate comments, questions, and/or jokes about racial or ethnic origin, offensive graffiti and intimidating behavior, including threatening gestures.
- Personal harassment: Making fun of personal circumstances or appearance.
- Bullying: This can be physical or psychological. Examples of psychological bullying include unmerited criticism, isolation, shunning, gossip, essential information withheld, or behavior that is intimidating or demeaning.
- Harassment of disabled people: Discussion of the effects of a disability on an individual’s personal life, uninvited touching or staring, and inappropriate comments or questioning about the impact of someone’s disability.
- Age harassment: Derogatory age-related remarks and unjustifiable dismissal of suggestions on the grounds of the age of the person.
- Stalking: This can be physical or psychological. Examples include leaving repeated or alarming messages on voice mail or email, following people home, or approaching others to ask for personal information.
In the event an Associate feels that he or she has been harassed, the Associate must immediately report the incident to the Company. The Manager shall take reasonable precautions to keep confidential the identity of the accuser, as well as the accused. The Company will commence an investigation and prepare a written report. Under certain circumstances, such as if the accused is the Manager; an outside investigator may be retained. Retaliation against complainants is strictly prohibited. Any employee, Associate, or staff found guilty of engaging in harassment may be subject to disciplinary action up to and including reprimand, counseling, suspension, and termination.
13.4 Sexual Harassment (Policy Against) #
Any harassment of an associate, whether agent, employee or applicant, because of race, color, sex, religion, national origin, age, military status, or handicap is clearly prohibited and will not be condoned. Sexual harassment is one particular form of discrimination which is illegal and violates the company’s longstanding equal employment opportunity policy. The Company maintains a strong policy prohibiting any form of sexual harassment.
Any agent or employee who has been found to have sexually harassed another agent or employee will be subject to appropriate discipline including discharge from association or employment.
This policy applies equally to any work-related sexual harassment by or to both men and women employed by or associated with the company or who deal with the company in our business, and it is not limited to supervisor/employee or manager/agent relations or to conduct occurring on premises or during working hours.
Any agent or employee who believes that he/she is being or has been sexually harassed by another agent or employee should promptly take one or more of the following steps:
- If appropriate, discuss the situation directly with the person whom you feel is harassing you and politely request that the person cease harassing you because you do not like or welcome his/her conduct. You might also add that if such conduct does not cease altogether, you will take further steps under this procedure. (If the person involved is a customer or client, please refer the complaint to senior management instead.)
- If you believe that some adverse employment consequences may result from your discussions with that person, or if the harassment continues, go to a higher level of supervision including any senior executive of the company. You may be required to state in writing the specific details of the harassing behavior including date, time, place and witnesses, if any.
An investigation of any complaint will be undertaken immediately. All complaints will be handled in a prompt, confidential manner insofar as the investigation permits. There will be no adverse action directed toward any complaining agent, employee, or witness as a result of making or supporting the complaint, unless there clearly was bad faith.
13.5 Equal Employment Opportunity Policy #
It is the Company policy to provide equal employment opportunities without regard to race, color, religion, sex, age, national origin, handicap, or status as a Vietnam era veteran, to all qualified employees and applicants for employment. This policy applies to all areas of employment, job assignment, training, promotion, transfer, compensation, discipline and discharge. The company abides by all federal and state laws regarding employment practices, including, but not limited to the Americans with Disabilities Act.