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Practice Of Real EstateFair_housingHARD

During a fair housing training session, an Iowa licensee argues: 'Since the U.S. Supreme Court's Bostock decision extended federal employment protections to sexual orientation and gender identity, the federal Fair Housing Act now also explicitly covers these classes in housing, making Iowa's Chapter 216 protections redundant.' Which of the following is the most accurate response to this argument?

Correct Answer

C) The licensee is incorrect; Bostock addressed employment law under Title VII, and the Fair Housing Act has not been formally amended to add sexual orientation and gender identity as explicit protected classes

The Supreme Court's 2020 Bostock v. Clayton County decision interpreted Title VII of the Civil Rights Act of 1964 to prohibit employment discrimination based on sexual orientation and gender identity. However, Bostock addressed employment law, not housing law. The federal Fair Housing Act has not been formally amended to explicitly add sexual orientation and gender identity as protected classes. HUD has issued guidance applying fair housing protections in some contexts, but the statutory text of the Fair Housing Act does not explicitly enumerate these classes. Iowa Code Chapter 216 therefore remains an independent and critically important source of housing protection for these classes in Iowa.

Answer Options
A
The licensee is correct; Bostock eliminated the need for Iowa's separate housing protections for sexual orientation and gender identity
B
The licensee is partially correct; Bostock covers housing but only in federally assisted housing programs, not private sales
C
The licensee is incorrect; Bostock addressed employment law under Title VII, and the Fair Housing Act has not been formally amended to add sexual orientation and gender identity as explicit protected classes
D
The licensee is incorrect; Iowa's Chapter 216 protections apply only to commercial real estate, while federal law governs residential housing

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Related Topics & Key Terms

Key Terms:

iowa_civil_rights_actsexual_orientationgender_identityprotected_classesbostockfederal_vs_statefair_housingexpert_trap

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