A condominium association in Bloomington, Minnesota has a rule prohibiting residents from displaying any flags or banners from their balconies. A resident who is a military veteran wants to display a Pride flag, while another resident wants to display a U.S. flag. The association enforces the no-flag rule against the Pride flag but allows the U.S. flag. A fair housing complaint is filed. Under Minnesota law, which protected class is most directly implicated by the selective enforcement of the rule against the Pride flag?
Correct Answer
C) Sexual orientation, because the Pride flag is associated with LGBTQ+ identity and community
Under the Minnesota Human Rights Act (Minn. Stat. Ch. 363A), sexual orientation is a protected class. Selectively enforcing a no-flag rule against a Pride flag — which is closely associated with LGBTQ+ identity — while allowing other flags such as the U.S. flag, could constitute discriminatory treatment based on sexual orientation. The selective enforcement signals differential treatment of residents based on their association with a protected class.
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