Ninth Circuit Denies Website Immunity in Housing Discrimination Suit
Kevin Fayle has this commentary on the Ninth Circuit’s recent ruling. It begins:
For Roommates.com, an apartment-sharing website, the price might be heavy, indeed. The Court of Appeals for the Ninth Circuit has just ruled that the site can’t claim immunity from a housing discrimination suit based on Section 230 of the Communications Decency Act, largely based on the content of the drop-down menus the site employs during the user registration process . . .
The case originally arose when anti-discrimination housing organizations filed suit against Roommates.com alleging that the website violated the Fair Housing Act, which prohibits discrimination against people seeking housing based on a list of protected characteristics, such as sex, race, religion, sexual orientation, etc.
Roommates.com allows users to create a profile, choose whether they are seeking or offering rooms, and then search for available matches based on the information provided in the profile registration process. As part of that process, Roommates.com requires users to state their preference regarding potential roommates’ gender, age, and sexual preference. Users must also provide their own personal characteristics . . .
Related post: “Straight or gay?” 9th Circuit says web site, roommates.com, can’t ask