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Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Brooklyn Law School

2018

Bias; sharing economy; Airbnb; title ii; fair housing act; civil rights act; fair housing act; public accommodations; Mrs. Murphy exception; discrimination; Anti-discrimination; hotels; intimate association; equal protection; property rights; property; right of association; racism; racial discrimination

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Full-Text Articles in Law

Accommodating Bias In The Sharing Economy, Norrinda Brown Hayat Jan 2018

Accommodating Bias In The Sharing Economy, Norrinda Brown Hayat

Brooklyn Law Review

The “sharing economy” is not equally accessible to all. The sharing economy’s travel accommodations giant, Airbnb, illustrates this problem. At least one study has found that requests on Airbnb from guests with distinctively African-American names are approximately 16 percent less likely to be accepted than identical guests with distinctively white names. Some Airbnb “hosts,” including hosts that list multiple units, insist that they are not subject to civil rights laws relying on First Amendment jurisprudence, property law and business justifications for support. These arguments are identical to arguments raised and ultimately dismissed in opposition to blacks’ right to travel prior …