1. Discrimination in Housing and Employment Similarities and Differences Susan Saylor Associate Chief Counsel Department of Fair Employment and Housing Oakland Legal Unit

2. The Evolution of Fair Housing Law

3. Four Step Analysis 1. Parallels between Title VII and Title VIII 2. Employment discrimination precedent; borrowing and guidance 3. Substantial equivalency 4. Liberal construction

4. Parallels between Title VII and Title VIII Title VII of the Civil Rights Act of 1964, 42 U.S.C.A. § 2000e-2 et seq. [Employment discrimination] Title VIII of the Civil Rights Act of 1968, 42 U.S.C.A. §3601 et seq. [Fair Housing Act (FHA)]

5. Role of Employment Discrimination Precedent “We apply Title VII discrimination analysis in examining Fair Housing Act (“FHA”) discrimination claims.” (Gamble v. City of Escondido (9th Cir. 1997) 104 F. 3d 300, 304.) “[P]rinciples at issue in cases of employment discrimination are often applied in housing discrimination cases.” (Auburn Woods I Homeowners Association v. Fair Employment and Housing Commission (2004) 121 Cal. App. 4th 1578, 1591

6. Substantial Equivalency FEHA is intended to be “substantially equivalent” to the Fair Housing Act (FHA) “FEHA in the housing area is thus intended to conform to the general requirements of federal law in the area and may provide greater protection against discrimination.” ( Brown v. Smith (1997) 55 Cal. App. 4th 767, 780.)

7. The FEHA is to be liberally construed and is independent from federal law

8. Borrowed Concepts from Employment Law How to prove discrimination McDonnel Douglas burden-shifting analysis for circumstantial evidence of intentional discrimination Availability of disparate impact theory

9. Imperfect transfer of ideas from employment to housing Harassment Reasonable Accommodation

10. Differences How Housing Discrimination Law is Unique 1. Who is your client? 2. Standing 3. Procedure 4. Damages

11. Who is your client?

12. Standing Trafficante v. Metropolitan Life Ins. Co. (1972) 409 U.S. 205, 210 [Any person harmed by a discriminatory act has standing to sue.] Plaintiffs alleged that they were harmed by living in a racially segregated community “The person on the landlord’s blacklist is not the only victim of discriminatory housing practices; it is …‘the whole community.’”

13. Plaintiffs Anyone who claims to have been injured by a discriminatory housing practice Persons who believe “they will be injured by a discriminatory housing practice that is about to occur.” Testers Fair Housing Councils

14. Procedure No exhaustion requirement

15. Damages Compensatory and Punitive Damages Humiliation, Embarrassment, Emotional Distress, and Other Intangible Harms Fair Housing Council Damages Unruh Statutory Damages $4,000 per discriminatory act

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