13.3 Prohibited Bases of Discrimination

The FHA prohibits discrimination of the basis of race or color, national origin,1  religion, sex or sexual harassment, disability,2  and familial status. The latter is defined as one or more individuals under the age of 18 living with a parent, a person having legal custody, or the designee of such parent or legal custodian as well as person who is pregnant or about to obtain custody of a minor.3

• 1Espinoza v. Hillwood Square Mut. Ass’n, 522 F. Supp. 559 (E.D. Va. 1981) (Mexicans); cf. Cutting v. Mazzey, 724 F.2d 259 (1st Cir. 1984) (Italians).
• 2The Act uses the word “handicap,” but the term disability is used here as it is the more widely accepted appropriate term.
• 342 U.S.C. § 3602(k).