Airbnb's Anti-Discrimination Upgrade Gets It Right
New standards.
Photographer: John MacDougall/AFP/Getty ImagesWe have the right to pick and choose our friends, romantic partners and guests. And there are laws to ensure that hotels or restaurants can’t discriminate on the basis of race or sex or national origin. What’s less clear is which of these standards should apply to sharing-economy services such as Airbnb, which fall somewhere in between the public and private spheres: The host is renting space, but that space is otherwise private and the host often lives there.
In general, the Civil Rights Act prohibits race and sex discrimination in “public accommodations” such as hotels and lunch counters. And the Fair Housing Act prohibits discrimination in long-term rentals and sales. But courts haven’t yet held that these federal laws cover an overnight stay in a private home.
