Requiring adult supervision when kids use pool = unlawful discrimination?

By Walter Olson  |  Overlawyered.com

It’s okay for a condo swimming pool to require adult supervision of children, right? Wrong: “familial status” is one of the many bases for protection under housing discrimination law.

As a result, “any rule or policy targeting children is likely to trigger a discrimination accusation or a fair housing inquiry.”

To defend it against attack, the condo must be prepared to prove that the rule or policy is both based on a “compelling business necessity” and represents the “least restrictive means” to achieve the stated purpose.

You’d think safety might be an adequate reason, but in two cases federal courts in California have found otherwise. Some rules might survive if, e.g., they are based on Red Cross guidelines, but putatively improper motives such as reducing noise or crowd control must not enter into any rationale.

Also, policies must permit unrelated companions, rather than just parents, to count as the supervision [Matt D. Ober, Washington Post]

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