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View Diary: UPDATE: Colo Springs Landlord threatens increased rent for those who voted Pres Obama (208 comments)

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  •  That's an open and shut discrimination lawsuit (4+ / 0-)

    waiting to happen. Literally.

    All that happens is one person has to sue for discrimination based on their beliefs. I was in an open and shut situation that was similar with a landlord once like this, strangely, although not based on how I voted, but something like that.

    Any lawyers in the house who want to talk about how simple this is?

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    by mahakali overdrive on Sun Dec 09, 2012 at 07:36:06 PM PST

    •  It's usually under "protected class" (3+ / 0-)
      Recommended by:
      Lost and Found, PeterHug, SilentBrook

      in California State. I realize it shifts from one state to another. But there must be something in Colorado which is similar, no?

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      by mahakali overdrive on Sun Dec 09, 2012 at 07:46:43 PM PST

      [ Parent ]

    •  He'd have to actually raise someone's rent... (2+ / 0-)
      Recommended by:
      mahakali overdrive, PeterHug

      ...and he's not going to. It was a joke. An unfunny joke but still a joke.

    •  There is a discrimination case that can be made (1+ / 0-)
      Recommended by:
      lirtydies

      but the one that you are thinking.  

      Sadly, political viewpoint is not a protected class under anti-discrimination laws.  But a case for disparate impact discrimination can be made.

      Disparate discrimination occurs when a facially neutral policy disproportionately impacts a protected class.  While facially neutral, a policy requiring all occupants or employees to be a certain height would disproportionately affect women.  In such a case, the party instituting the policy has to show a business necessity for it.   It can quite easily be shown that it would have a disparate impact on minorities, single women, Jews, and Muslims.  So the burden would lie on the apartment complex establishing a business necessity.

      Judging from the way this guy write his letters, he wouldn't make the most articulate witness to prove anything!  And yes, this case would be tried in a federal court, one that would draw a jury pool from a more larger geographical area.

      Also, even assuming that all these parade of horribles come to pass, a policy of raising the rent of those who voted Democratic will not have any impact, because the election has already come to pass.  

      Also, the backbilling to nubile women would be gender discrimination.

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