Familial Status
Definition
Familial status is a term used to describe a characteristic based on a person’s household type, including their marriage status and existing or prospective children. It is often referred to in the Fair Housing Law and the Fair Credit Reporting Act. The term aims to prevent discrimination against individuals based on the presence of children under the age of 18 in their household, or if they are a pregnant woman.
Examples
- Housing Discrimination: A landlord refuses to rent an apartment to a single mother with two children.
- Credit Discrimination: A pregnant woman is unfairly denied a credit application due to her impending change in household size.
- Workplace Benefits: An employee who is a legal guardian faces reduced workplace benefits compared to colleagues without children.
Frequently Asked Questions (FAQs)
Q1: Does familial status protection cover other types of guardianship beyond parental relationships?
A1: Yes, familial status protection includes legal guardians, such as grandparents, aunts, uncles, or other individuals who have legal custody of children under the age of 18.
Q2: Are pregnant women explicitly protected under familial status laws?
A2: Yes, pregnant women are specifically covered under familial status laws to prevent discrimination based on their prospective children.
Q3: Can a housing provider deny accommodation based on the number of children in a family?
A3: No, denying accommodation based on the number of children in a family constitutes discrimination and is prohibited under the Fair Housing Law.
Q4: How does familial status affect credit reporting?
A4: Familial status protection under the Fair Credit Reporting Act ensures that individuals are not unfairly denied credit based on their household composition, including the presence of children or being pregnant.
Q5: What should someone do if they believe they have been discriminated against based on familial status?
A5: Individuals should file a complaint with the Department of Housing and Urban Development (HUD) or the Consumer Financial Protection Bureau (CFPB) to seek redress and protective measures.
Related Terms
- Fair Housing Law: A federal law that aims to eliminate housing discrimination and promote residential integration. It prohibits discrimination based on race, color, national origin, religion, sex, familial status, or disability.
- Fair Credit Reporting Act (FCRA): A federal law that promotes accuracy, fairness, and privacy for data used by consumer credit reporting agencies. It includes protections against discrimination based on familial status.
- Legal Guardian: An individual who has been legally appointed to care for a minor child or children in place of the parents.
- Discrimination: Unfair treatment of a person or group based on characteristics such as race, religion, age, gender, family status, etc.
- HUD (Department of Housing and Urban Development): The U.S. government agency responsible for national policy and programs that address America’s housing needs and enforce fair housing laws.
Online References
- U.S. Department of Housing and Urban Development (HUD) - Fair Housing Act
- Consumer Financial Protection Bureau (CFPB) - Fair Credit Reporting Act
Suggested Books for Further Studies
- “The Fair Housing Act” by JoeJoe Robbins.
- “Discrimination Law: Family, Gender, and the Workplace” by Colin Fenwick and Tonia Novitz.
- “Credit Reporting Systems and the International Economy” by Michael A. Staten.
- “Legal Aspects of Guardianship” by Kimberly M. Breger.
Fundamentals of Familial Status: Business Law Basics Quiz
Thank you for taking this journey to understand the crucial protections offered under the Fair Housing Law and the Fair Credit Reporting Act, particularly related to familial status. We hope this knowledge helps ensure justice and equality in housing and related sectors.
