Douglas v. Kriegsfeld Corp., 884 A.2d 1109 (2005)

Citation: Douglas v. Kriegsfeld Corp., 884 A.2d 1109 (2005)
Parent Document: Douglas v. Kriegsfeld Corp., 884 A.2d 1109 (2005)
Jurisdiction: DC (municipal)
Effective Date: 2005-10-13
Original Source: https://www.courtlistener.com/opinion/1472683/douglas-v-kriegsfeld-corp/ ↗

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.It is interesting to note that under the Fair Housing Act, a tenant suffers a "handicap,” for purposes of establishing a prima facie case, if the landlord merely perceives or regards the tenant as having a handicap— whether she has one in fact or not — and then discriminates (including refusal to make a reasonable accommodation) solely on the basis of that unconfirmed perception. Neithamer, 81 F.Supp.2d at 4-5 (citing Fair Housing Act, 42 U.S.C. § 3602(h)(3); see supra note 6 and accompanying text). Such a provision is common to antidiscrimination statutes. E.g., Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101, 12102 (2000); Rehabilitation Act of 1973, 29 U.S.C. §§ 701, 705 (2000); District of Columbia Human Rights Act, D.C.Code § 2-1401 (2001). This emphasis on the landlord’s perception of mental illness, for example, rather than on the established reality of it, is further (albeit indirect) evidence of a legislative policy that proof of a diagnosed subset of mental illness is not required before a landlord can be found to have discriminated on the basis of such handicap. . See supra notes 6 and 52.

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