Question and Answer Regarding Discriminatory Marketing Practices

Question and Answer Regarding Discriminatory Marketing Practices

Question: I am a listing agent and my seller wants to market the property as being “gay.” Is that advisable?

Answer: No. Setting aside whether this is a good marketing strategy, such marketing is not recommended. Sexual preferences are a protected class and therefore, cannot be discriminated against. While technically this may not rise to the level of discrimination, some potential buyers could find it offensive and directed toward exclusion of other classes.

-Shannon B. Jones, Partner, sbj@sbj-law.com

Danville Office

208 W. El Pintado Road

Danville, CA 94526

Tel: 925.837.2317

San Jose Office

111 North Market Street, Suite 300

San Jose, CA 95113

Tel: 408.363.3635

Sacramento Office

770 L Street, Suite 950

Sacramento, CA 95814

Tel: 916.368.1000