Complying with President Biden’s Executive Order Protecting LGBTQ+
On January 20, 2021, President Biden signed an executive order that broadens protections that the Bostock v Clayton County Supreme Court ruling provides LGBTQ+ individuals. The Bostock ruling applies specifically to discrimination in the workplace; however, the executive order extends those protections to other areas, including housing, making gender identity and sexual orientation protected under sex as it relates to the Fair Housing Act.
On February 11, 2021, HUD became the first federal agency to respond to the executive order. The Office of Fair Housing and Equal Opportunity (FHEO) released a memo stating that HUD now interprets the Fair Housing Act to bar discrimination on the basis of sexual orientation and gender identity. HUD will fully enforce the Fair Housing Act to prohibit discrimination on the basis of sexual orientation or gender identity.
What Do You Need to Do?
Update policies and courseware
Any Fair Housing courseware and policies you use should be updated to clearly state that gender identity and sexual orientation are now protected by federal fair housing law on the basis of “sex.” If you are a Grace Hill client, these updates have already been made to your policies and courseware.
Make sure all employees receive training on the fair housing update. For employees who have recently satisfied their fair housing training requirements, Grace Hill offers a mini-course specifically covering the changes resulting from the executive order. This course informs them on the critical elements of the executive order without having to retake the full Fair Housing course.
Grace Hill continually monitors the legal landscape for multifamily so that we can give you the information you need to minimize risk and provide a safe, fair and positive environment for all.