Racial Profiling in 2010

Something to think about.

We’ve been hearing quite a bit of discussion lately on Arizona’s new immigration law, Senate Bill 1070.  Its proponents claim the law is necessary to stem the flow of illegal immigrants into the state from Mexico. Its opponents say it will lead to racial profiling.  Here is the text of the bill that most concerns its opponents:

In a CNN article on the federal government’s lawsuit to stop Arizona’s new law, President Obama said the law has “the potential of violating the rights of innocent American citizens and legal residents, making them subject to possible stops or questioning because of what they look like or how they sound.”

What is Racial Profiling?

As applied to the Arizona law, Wikipedia has a succinct definition: “Racial profiling refers to the inappropriate use of an individual’s race or ethnicity by law enforcement personnel as a key factor (or sometimes as any factor at all) in deciding whether to engage in enforcement (e.g. make a traffic stop or arrest).”

Linguistic Profiling

In terms of Fair Housing issues, racial profiling has long been a concern.  A practice often referred to as “linguistic profiling,” is used by some housing providers to steer or otherwise illegally discriminate against someone because of the sound of his voice.  A few years back, the television program 20/20 did an informative piece on this subject.

A brief, well-executed PSA on this topic was widely shared by HUD:

An article I wrote a few years ago for the National Association of Residential Property Managers (NARPM) on this subject was well received, and helped to open discussion on the topic among rental housing providers.  In part, it reads:

“Do you draw conclusions about someone’s race, sex, age, sexual orientation, or other traits by the sound of his or her voice? New research points to the fact that, by an overwhelming majority, people do exactly that.

What does this mean to the world of rental property? It demonstrates even further the necessity to establish and abide by consistent and fair practices when handling rental inquiries. Not only do you need to set up a system whereby you return all calls promptly, but you must make sure you’re treating all callers in the same manner. Many people use a script or needs-assessment form when discussing available rentals with potential tenants. Use of these standardized forms and methods provides assurance that all callers receive the same information in the same way.”

Melissa Prandi, in her book “The Unofficial Guide to Managing Property” recommends:

“■ Return every voice message call. No matter what! There should be no excuse not to return a call from someone who was interested enough in your property that they called you. Not only is failing to return calls rude and bad business, it is now potentially dangerous. Instruct your staff that every message will be responded to promptly and pleasantly, and that they should make a record of it.

■ Always conclude with an invitation. Be sure that at the end of any conversation that an invitation is extended to the prospect. Again, no matter what! The conversation could be misconstrued as discriminatory is some way, through no fault of the leasing agent, and the fastest way to correct that misrepresentation is to invite the prospect to visit.

“Even though we don’t have any two bedroom apartments now, you are still welcome to visit us . . . may I set up an appointment?” or “Would you still like to visit us even though we don’t have tennis courts? If so, let’s make an appointment. . . .”

Something like this can be an insurance policy for you as the landlord. If the prospect declines the invitation, this should be noted accordingly.

■ If you have staff or an on-site manager, test that person.

From time to time, check to be sure that your employees are following the just-mentioned procedure. Have different people leave messages, asking to be called back. Have them call and ask about an amenity you don’t have and see how your on-site manager handles this. If calls are returned and invitations are issued, reward your manager.

If you find a problem, work with your manager or find someone who will not put you at risk.   Bottom line: Treat everyone equally.”

No one deserves to be excluded or otherwise treated differently, solely because of his/her race, color, religion, national origin, gender, family status, or disability. These are foundational principles of our country’s civil rights and fair housing laws, and key to what makes our nation great.

Do you have an experience with racial profiling you’d like to share? Please do so by leaving a comment.