§ 3601

Citation: § 3601
Parent Document: Rita Fox v. Lucille F. Gaines, 4 F.4th 1293 (2021)
Jurisdiction: United States (federal)
Effective Date: 2021-07-16
Original Source: https://www.courtlistener.com/opinion/4901111/rita-fox-v-lucille-f-gaines/ ↗

Full Text

1,088 chars

5
          Every circuit court to have addressed this question has held that sexual harassment is
actionable under the FHA. The Gaineses do not disagree, as their counsel repeatedly confirmed
at oral argument. See Oral Argument at 18:09–28 (“I think that if the harassment rises to a
particular level and it’s based on one of the protected statuses that it could conceivably fall into
the category of discrimination. And I think that there are cases that talk about sexual harassment
being sex discrimination if the animus is sex.”); id. at 30:48–31:17 (“[T]he FHA is clear. I think
that if harassment is motivated by an animus of sex or another protected status that it would
constitute sex discrimination. . . . Sexual harassment in my opinion is no different than any other
conduct that is prohibited. If it’s motivated because of an animus against a protected status, it
falls within the parameters of the FHA.”); id. at 31:17–58 (confirming Judge Newsom’s
statement that the parties agree sexual harassment is actionable under the FHA if the but-for
cause of the harassment is sex).

Other Sections in This Document (143)

Full Text