Texas Real Estate Brokerage Sales Apprentice Education (SAE) Practice Exam

Which class does NOT include gender identity under the federal Fair Housing Act?

1. Race

2. Color

3. Gender

4. Disability

The correct answer is: Gender

The correct reason for identifying gender as not included under the federal Fair Housing Act relates to the specific protections afforded by the Act. While the Fair Housing Act prohibits discrimination based on race, color, religion, sex, national origin, familial status, and disability, the term "gender" itself is not explicitly listed. Instead, the word "sex" is included in the Act, which historically has been interpreted to encompass issues related to gender identity and sexual orientation through various legal rulings and agency interpretations. While race, color, and disability explicitly refer to protected classes under the Act, and the term "gender" does not appear in the statutory language, it’s important to recognize that based on evolving legal interpretations, protections related to gender identity have developed over time. However, in the context of the direct language of the Fair Housing Act, gender identity is not a specified class. Understanding this distinction is key in navigating the nuances of housing discrimination laws.