A condominium association in Brookline, Massachusetts adopts a rule prohibiting any unit owner from displaying a flag or banner associated with any branch of the U.S. military. A unit owner who is a Navy veteran files a complaint with the Massachusetts Commission Against Discrimination (MCAD), alleging discrimination based on military/veteran status under Chapter 151B. The association argues the rule is content-neutral and applies equally to all residents. The MCAD would most likely find that the rule is:
Correct Answer
A) Unlawful, because the rule has a discriminatory impact on military veterans, who are a protected class under Chapter 151B.
Under Massachusetts General Laws Chapter 151B, military/veteran status is a protected class. A facially neutral rule that disproportionately burdens members of a protected class can constitute unlawful discrimination based on disparate impact, even without proof of discriminatory intent. A rule prohibiting military-affiliated displays uniquely burdens veterans, who are a protected class under Massachusetts law. The MCAD applies both disparate treatment and disparate impact analysis under Chapter 151B.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Antitrust violations in real estate occur when competing brokerages or agents engage in practices that restrain trade, reduce competition, or harm consumers through collusion. These violations are governed by the Sherman Antitrust Act and can result in severe penalties.
Broker supervision is the legal obligation of a designated or managing broker to oversee and be accountable for the real estate activities of all salespersons and associate brokers operating under their license.
Commingling is the illegal act of mixing client funds with a broker's personal or business operating funds, while conversion is the unauthorized use of client funds for the broker's own benefit. Both are serious violations that can result in license revocation.
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