Q: A tenant who lives by himself complains that a member of your maintenance staff has inappropriately groped and made unwelcome sexual advances to his girlfriend on numerous occasions. Other female tenants have made similar complaints about the same employee. To the extent the allegations are true, to whom would you be potentially liable for sexual discrimination and harassment?

a.         The female tenants

b.         The male tenant

c.          The male tenant’s girlfriend

d.         All of the above

Correct answer: d

As we explain in our February lesson, landlords may be liable for discriminatory harassment of guests. Fair housing bans on discrimination include the duty to refrain from harassment on the basis of race, sex, religion, etc. Although it was the maintenance employee rather than the landlord who engaged in sexual harassment, the landlord would still be liable to the extent that the employee is its agent. But the real takeaway from this question is that all of the victims involved would have a valid claim for discrimination against the landlord regardless of their sex or status as tenants or guests. Let’s go through them one at a time.  

Answer choices explained: 

a.         The female tenants were direct targets and victims of the employee’s sex harassment. So, they’d clearly have a valid claim for sex discrimination against the landlord.

b.         The male tenant would also have a valid claim for sex discrimination even though he’s not a woman and wasn’t sexually harassed by the employee. The basis of his claim would be that the sexual harassment not only targeted his guest but also deprived him of his right to live in a harassment-free housing environment.  

c.          The tenant’s girlfriend would also have a valid sex discrimination claim against the landlord even though she’s not a tenant. Her standing derives from her being a guest.

Our February lesson, “Avoid Potential Fair Housing Liability When Dealing with Tenants’ Guests,” is available to premium subscribers here.