Abstract
Live-in workers, for whom their bosses are typically also their landlords, are often trapped in sexually harassing situations that feel as though they have no practical or legal redress, especially when the worker’s harasser can both fire and evict them in one fell swoop. This Note explores the novel possibility of using fair housing law, including the Fair Housing Act (“FHA”) and state/local fair housing statutes, as a tool to provide legal protections to workers with employer-provided housing (“live-in workers”) who experience sexual harassment or violence in the workplace. There is currently very little case law in which live-in workers have brought fair housing and employment discrimination claims simultaneously, and functionally no case law in which attorneys have brought both claims for live-in worker sexual harassment cases. This Note argues that, under existing fair housing law, many live-in workers should be eligible to bring claims under the FHA and equivalent state laws that prohibit discrimination in housing. As a result, the FHA and equivalent state claims can provide sexual harassment and assault protections for workers, including domestic workers and farmworkers, who may not receive protections under federal or state employment discrimination law. Furthermore, this Note argues that the FHA can provide supplemental or stronger protections from sexual harassment for live-in workers than traditional Title VII or employment discrimination claims. It accordingly suggests that plaintiffs facing harassment or sexual assault in live-in industries should pursue fair housing claims in addition to or in place of Title VII and employment discrimination claims, in order to achieve maximum protection and relief.
Highlights
When your landlord is your boss, and your boss is your landlord, lines between work and home life can be blurred
The Fair Housing Act (FHA) and equivalent state claims can provide sexual harassment and assault protections for workers, including domestic workers and farmworkers, who may not receive protections under federal or state employment discrimination law. This Note argues that the FHA can provide supplemental or stronger protections from sexual harassment for live-in workers than traditional Title VII or employment discrimination claims
There is an urgent need to expand federal and state protections against sexual harassment for live-in workers who are often exempt from Title VII due to the small employer exemption
Summary
When your landlord is your boss, and your boss is your landlord, lines between work and home life can be blurred. Claims by live-in workers every year.[5] Because of the practical and legal barriers many live-in low-wage workers face, they rarely find justice in the courts in cases of sexual harassment at the sites which serve as both their homes and jobs This Note explores the possibility of using fair housing law, including the Fair Housing Act (“FHA”) and state/local fair housing statutes, as a tool to provide legal protections to workers with employer-provided housing (“live-in workers”) who experience sexual harassment or violence in the workplace. Part III proposes a possible roadmap for litigators to utilize the FHA on its own, or in addition to Title VII, to bring sexual harassment housing discrimination claims on behalf of live-in workers, and discusses the advantages and drawbacks of this approach. State and local legislative action that has enhanced statutory protections for live-in workers, including domestic workers
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