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Practice Of Real EstateFair_housingHARD

A buyer named Jordan identifies as non-binary and uses they/them pronouns. Jordan's broker, Michelle, is showing properties in Everett. At one showing, the listing agent, Tom, repeatedly misgenders Jordan and makes comments suggesting the neighborhood may not be 'the right fit' for Jordan. Jordan files a complaint with the WSHRC. Under RCW 49.60, which of the following is the most accurate legal analysis?

Correct Answer

A) Tom's conduct may constitute discrimination based on gender identity/expression under RCW 49.60, but misgendering alone is unlikely to support a fair housing claim without additional evidence of discriminatory housing action.

Under RCW 49.60, gender identity/expression is a protected class, and this protection extends to non-binary individuals, not only to transgender persons. Tom's conduct — misgendering Jordan and suggesting the neighborhood may not be a 'right fit' — raises serious fair housing concerns. However, a complete fair housing claim typically requires evidence of a discriminatory housing action (refusal to show, denial of access, steering, etc.) in addition to discriminatory statements. The combination of misgendering and the 'right fit' comment could support a steering or hostile environment claim, but the legal analysis requires evaluating the totality of the conduct and its effect on housing access.

Answer Options
A
Tom's conduct may constitute discrimination based on gender identity/expression under RCW 49.60, but misgendering alone is unlikely to support a fair housing claim without additional evidence of discriminatory housing action.
B
Tom's conduct does not violate RCW 49.60 because gender identity protections apply only to transgender individuals, not to non-binary persons.
C
Tom's conduct is protected speech under the First Amendment and cannot form the basis of a fair housing complaint under RCW 49.60.
D
Tom's conduct clearly and automatically constitutes a completed violation of RCW 49.60 based solely on the misgendering, with no further analysis required.

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Key Terms:

fair_housinggender_identitynon_binaryrcw_49_60steeringwshrcexpert_trap

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