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Practice Of Real EstateFair HousingHARD

A property manager in Tennessee requires all prospective tenants to provide a photo ID as part of the rental application process. A Muslim woman who wears a niqab (full face veil) applies for an apartment and presents a government-issued ID with a photo taken without the veil for identification purposes. The property manager refuses her application, stating that he cannot verify her identity because he cannot see her face. Under the Tennessee Human Rights Act, the property manager's refusal most likely constitutes discrimination based on:

Correct Answer

C) Religion, because the niqab is a religious practice and the refusal is based on the applicant's religious observance.

The refusal is most accurately characterized as religious discrimination under the Tennessee Human Rights Act (Tenn. Code Ann. § 4-21-101 et seq.) and the federal Fair Housing Act. The niqab is a religious practice observed by some Muslim women, and the property manager's refusal to process her application because of her religious dress constitutes discrimination based on religion. The applicant provided a valid government-issued ID satisfying the identity verification purpose of the policy. The property manager's additional requirement to see her face without the veil imposes a condition based on her religious practice that is not applied to other applicants.

Answer Options
A
Sex, because the niqab is worn exclusively by women and the policy has a disparate impact on female applicants.
B
National origin, because the niqab is associated with Middle Eastern cultural traditions.
C
Religion, because the niqab is a religious practice and the refusal is based on the applicant's religious observance.
D
Disability, because the inability to show her face constitutes a physical limitation requiring reasonable accommodation.

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Related Topics & Key Terms

Key Terms:

religionreligious_discriminationrental_applicationtennessee_human_rights_actfair_housing

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