While we were all glued to the TV, awaiting the Supreme Court decisions on Obamacare and Gay Marriage, many less high profile cases were decided-some with potentially treacherous results.
For example, those involved in housing may now be sued for unintentional discrimination. Not just landlords or sellers but appraisers, bankers, brokerages, and real estate planners can be accused of creating a disparate impact. They say that you might have a subconscious bias or be guilty of stereotyping.
It boggles the mind to think that people can be sued for their unconscious thoughts. I would think that everyone involved in the transfer of property would be shaking in their boots. And, I wonder, do HOA's have to rework their rules so that nobody can be excluded. For example aren't 55 and older communities showing a bias? Aren't design criteria exclusionary? Do minimum down payment criteria give preference to some? Do noise levels, sign restrictions, pet rules and parking laws equate to biases? I think an argument could be made that they do.
Realtors better not make assumptions or even take buyers or sellers at their word. Employing their expertise regarding qualifying criteria for loans could be considered bias. Exercising their experience with lenders and underwriters could be viewed as stereotyping.
Another slippery slope courtesy of political correctness gone awry.
R. Earl Warren
