The Trainer: May 2019

April 11, 2019

Preventing Sexual Harassment Claims at Your Site

In this issue we reported that HUD recently launched a special campaign and training initiative to help protect people from harassment by landlords, property managers, and maintenance workers in HUD-assisted housing. The “Call HUD: Because Sexual Harassment in Housing is Illegal” campaign will increase HUD’s efforts to educate the public about what behaviors constitute sexual harassment and what to do and whom to contact if they experience it where they live.

Preventing Sexual Harassment Claims at Your Site

In this issue we reported that HUD recently launched a special campaign and training initiative to help protect people from harassment by landlords, property managers, and maintenance workers in HUD-assisted housing. The “Call HUD: Because Sexual Harassment in Housing is Illegal” campaign will increase HUD’s efforts to educate the public about what behaviors constitute sexual harassment and what to do and whom to contact if they experience it where they live. Additionally, the initiative will offer sexual harassment training to employees of public housing authorities and other housing providers. To test your knowledge of the Fair Housing Act’s anti-sexual harassment rules, take the following quiz.

QUESTION #1

A male resident complains that the site manager, a woman, has been repeatedly calling and texting him with sexually suggestive comments and messages. Sexual harassment occurs only when a man harasses a woman, so you don’t have to worry about a sexual harassment complaint. True or false?

a.            True.

b.            False.

QUESTION #2

A resident reports that a neighbor has been sexually harassing her. If you ignore the complaint, your site could be sued for sexual harassment. True or false?

a.            True.

b.            False.

QUESTION #3

A resident recently accused a maintenance man of sexual harassment for leering at her during a service call. An investigation exonerates the maintenance man of any wrongdoing. The manager says she’s a troublemaker and wants to ignore her maintenance requests from now on in the hopes she’ll move out when her lease is up. If the resident files a fair housing complaint, the site could be guilty of retaliating against the resident by ignoring her requests. True or false?

a.            True.

b.            False.

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ANSWERS & EXPLANATIONS

QUESTION #1

Correct answer: b

Fair housing law protects both men and women from sexual harassment—whether the perpetrator is male or female. Make sure that employees understand that sexual harassment consists of unwelcome sexual conduct—through words or actions—toward prospects, applicants, residents, guests, and other visitors, regardless of their gender.

QUESTION #2

Correct answer: a

If you get a sexual harassment complaint, it’s important to investigate and take prompt action to resolve any problems, regardless of whether it’s against an employee, outside vendor, or a neighbor. Some courts have held owners and managers liable in situations where they knew of tenant-on-tenant harassment and did nothing to stop it.

QUESTION #3

Correct answer: a

Don’t retaliate against anyone who complains about sexual harassment. The resident in this case could accuse the site of retaliation if it doesn’t provide maintenance services because of her prior sexual harassment complaint. Under the retaliation provisions of the Fair Housing Act, it’s unlawful to take action against anyone for exercising her rights under fair housing law. And it’s a separate violation of fair housing law, so the community could face liability regardless of the validity of her original sexual harassment complaint.

 

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