Real estate professionals are legally required to provide the same brokerage services to all consumers, and there are nine classes, or categorizations, that are protected under federal law and REALTOR® Association rules. Continue reading for a refresher on the various protected classes. 

The seven classes that are protected under the federal Fair Housing Act are race, skin color, national origin, sex, disability status, religion, and familial status. In this context, these terms mean:

• Race – Each of the major groupings into which humans are divided based on physical characteristics and/or shared ancestry (for example: White, Black, Asian, Pacific Islander, Native American/ Indigenous, etc.).
• Skin Color – The hue or pigmentation of one’s skin.
• National Origin – A person’s country of birth or ancestry. This term is broad and can include ethnicity, culture, language, and physical characteristics. 
• Sex – A person’s classification as male or female based on their biological characteristics. 
• Disability Status – Whether a person has a physical or mental impairment that substantially limits one or more major life activity. 
• Religion – A person’s system of belief in a deity or higher power. This class includes protections for all various religions, as well as for those who do not identify with any religion. 
• Familial Status – Whether a person has children under 18 or is pregnant.  This class does not include a person’s marital status. 

The National Association of REALTORS® Code of Ethics protects two additional classes: sexual orientation and gender expression. In this context, these terms mean:

• Sexual Orientation –An individual’s personal pattern of attraction to others, including attraction to the opposite sex, to the same sex, to both, and to neither. 
• Gender Expression – The way in which a person expresses their gender identity. This could be demonstrated through their appearance, dress, and behavior. 

You may be wondering if this means that real estate professionals who are not members of the REALTOR® Association are allowed to discriminate based on sexual orientation and/or gender expression. These classes are not officially protected under federal law, but the U.S. Department of Housing and Urban Development has previously stated they interpret sex broadly, and in some cases, they may prosecute discrimination based on sexual orientation or gender expression. 

The best policy is to provide equal brokerage services to every consumer–that way you don’t have to worry about potential Fair Housing violations.