This Article argues that § 3604(c) is applicable in virtually every sexual harassment case involving housing and that its applicability means the FHA can be a more effective statute for attacking sexual harassment than Title VII. Part I reviews the law governing sexual harassment in housing, including the role that Title VII precedents have had in shaping this law. Part II shows how § 3604(c) goes further than its Title VII counterpart in prohibiting statements that are often at the heart of a sexual harassment claim and identifies some specific situations in which § 3604(c) may be helpful in challenging sexual harassment that would otherwise not be illegal. Finally, Part III deals with the potential First Amendment problems that may arise if § 3604(c) were applied to cases involving verbal sexual harassment.
Robert G. Schwemm & Rigel C. Oliveri, A New Look at Sexual Harassment Under the Fair Housing Act: The Forgotten Role of S 3604(c), 2002 Wis. L. Rev. 771 (2002)