These disclaimers have arisen as a result of litigation under the Fair Housing Act.
"E. A Series of Advertising Using One Type of Human Model May Be Discrimination
A recent trend in Fair Housing Act litigation suggests that consistent
and systematic use of one type of human model also may trigger
liability. According to former HUD interpretations of the Fair Housing
Act, models in real estate ads 'should be clearly definable as
reasonably representing majority and minority groups...' in the
metropolitan area where the ad is placed. If models are used in
photographs, drawings or other graphics, the advertisement should
indicate to the general public that the housing is available to all
'without regard to race, color, religion, disability, familial status,
or national origin' and that the housing 'is not for the exclusive use
of one such group.'"
"OHIO ASSOCIATION OF REALTORS' ADVERTISING WHITE PAPER" Ohio
Association of Realtors (April 2002)
http://www.ohiorealtors.org/legal/white_papers/wp_advertising.html
The above reference notes that "... no current regulation sets forth
explicit criteria for nondiscriminatory real estate advertising.
Court applications of the [former HUD] regulation [repealed in 1996],
however, remain enforceable law."
An essay objecting to the need for multiracial models in
advertisements for luxury goods, including upscale housing
advertisements, written by a Visiting Scholar of the Hoover
Institution can be found at:
"The Tribal Premise of Welfare Capitalism Illustrated" by Anne
Wortham, Foundation for Economic Education (July 1994)
http://www.fee.org/vnews.php?nid=2958
"Ragin v. Harry Macklowe Real Estate Co."
http://www.tourolaw.edu/2ndCircuit/Pre95/92-9252L.html is a decision
from the Second Circuit Court of Appeals regarding a claim a violation
of the Fair Housing Act by advertisements.
"Assisted-living center, group settle bias dispute; Complaint focused
on ads with mostly white models; Westminster" by
Athima Chansanchai, The Baltimore Sun (December 22, 2004)
http://www.knowledgeplex.org/news/63806.html describes a $22,000
settlement.
"b)Human Model Advertising.
One topic covered by the HUD regulations which has been the subject of
extensive litigation is the use of human models in real estate
advertising. Frequently, display advertising will include photos or
drawings."
"Fair Housing Advertising Manual" Fair Housing Council of Greater
Washington (1996) http://www.efn.org/~fairhous/fhadvman.html#Prohibition%20on%20Discriminatory%20Advertising
The above reference describes the HUD regulations that were repealed in 1996.
As the following sources show, there was a considerable amount of
litigation resulting in significant settlements and/or jury awards in
the early to mid-1990s regarding the exclusive use of white models in
housing advertisements.
"Baltimore Neighborhoods Settles Ad Case for $87,500 to BNI and
$125,000 For Affirmative Recruitment " National Fair Housing Advocate
Online (March 1995) http://www.fairhousing.com/index.cfm?method=page.display&pagename=advocate_march95_page1
"Baltimore Fair Housing Advertising Suit Settled for $155,000"
National Fair Housing Advocate Online (January 1993)
http://www.fairhousing.com/index.cfm?method=page.display&pagename=January_1993_Page7
"Washington Area Advertising Case Settled for $841,000" National Fair
Housing Advocate Online (July 1995)
http://www.fairhousing.com/index.cfm?method=page.display&pageID=3151
"Baltimore: Jury Awards $2 Million in White Models Case" National Fair
Housing Advocate Online (January-February 1994)
http://www.fairhousing.com/index.cfm?method=page.display&pageID=3532
"$850,000 and $150,000 Awarded In Two D C Area Ad Discrimination
Cases" National Fair Housing Advocate Online (December 1992)
http://www.fairhousing.com/index.cfm?method=page.display&pageID=3498
"New York Times Settles Ad Case Worth $450,000" National Fair Housing
Advocate Online (September-October 1993)
http://www.fairhousing.com/index.cfm?method=page.display&pageID=3572
Sincerely,
Wonko |
Request for Answer Clarification by
nowwhat-ga
on
19 Feb 2005 19:54 PST
Thanks for the litigation-related information. It has occurred to me
that real estate is not the only industry concerned with diversity in
advertising (I'm now noticing that banks and the hospitality industry
use ethnically diverse ads, however they do not include disclaimers).
Do you know of any sources for discussion or dialog on this topic?
(Along the lines of Diversity Watch . . . perhaps this issue (ethnic
disclaimers) has been studied or researched (by think tanks? advocacy
groups?) While the specific instance I saw was an ad with human
models, perhaps there are other "ethnic discrimination flags" that are
monitored, and if so, who's doing the tracking? I think we're on to
something here. the broader concept that is emerging is: Portrait of
Diversity in Contemporary American Advertising. (FYI: My initial query
came about not because of an ethnic mix in an ad, but rather a letter
to the editor from a reader who saw the ad and felt that the
disclaimer in the fine print implied ethnic preference. I hope this
helps to clarify and give direction to what I'm trying to research and
figure out. Thanks! P.S. I'm pretty new at using Google this way, do
you think I'm I directing my inquiry to the right category?
|
Clarification of Answer by
wonko-ga
on
22 Feb 2005 14:57 PST
Certain activities in the United States, such as housing and
employment, are governed by specific laws prohibiting discrimination.
Banking also is covered by antidiscrimination laws. Another reason
more ethnically diverse advertising may be occurring is that
minorities are increasingly viewed as a valuable source of business.
Hispanics particularly are a heavily courted demographic.
Other types of advertising have also provoked controversy, such as
malt liquor and tobacco advertisements that were perceived as
targeting African-Americans.
I have not uncovered the use of "ethnic disclaimers" outside of real
estate advertising. The opportunity for litigation against builders
was presented by a specific HUD regulation that resulted in the use of
ethnic disclaimers. Banks are potentially vulnerable as well, but I
have not located any examples of specific litigation:
"Discrimination & Using People In Advertising" by Mary Beth Gard and
John Burnett, BankersOnline.com (October 21, 2002)
http://www.bankersonline.com/marketing/gurus_mkt102102b.html
Sincerely,
Wonko
|
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