Post by High Priestess on Jun 8, 2016 3:48:34 GMT
On June 6 2016 this letter was sent to David King, Director of Diversity at Airbnb, as well as Chip Conley:
This response was received on June 7th 2016 from David King Director of Diversity (he cc'd Donna Boyer, who is a host in SF and is Airbnb's new Director of PRoduct):
If any of you would also be interested in writing letters, you can reach David King at David.king@airbnb.com and you can reach Donna Boyer at Donna.Boyer@airbnb.com David King does seem to be expressing interest in receiving feedback so I encourage hosts to direct thoughts their way!
I see that Airbnb is currently experiencing political pressure regarding issues of discrimination on the Airbnb site. I have a question about this which I think will be shared by many other hosts. I looked at the Airbnb article on its anti-discrimination policy, here:
www.airbnb.com/help/article/483/what-is-airbnb-s-anti-discrimination-policy
And I noticed that Airbnb does not state anywhere what categories are covered by its non-discrimination policy. AIrbnb states, " we prohibit content that promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group, and we require all users to comply with local laws and regulations."
This is unclear. What is meant here by "discrimination"? One might presume on reading this , that Airbnb means that hosts shall be subject to the laws and regulations about discrimination at their own locality. However, it appears that this is not the case, since last year when an Airbnb host in Texas evicted a gay couple, Airbnb banned her as a host, sanfrancisco.cbslocal.com/2015/04/30/airbnb-bans-host-who-evicted-gay-couple-from-texas-home/ even though Texas does not prohibit discrimination on the basis of sexual orientation. en.wikipedia.org/wiki/LGBT_rights_in_Texas . More recently, a host in Minneapolis posted today on the Airbnb Community Center that Airbnb closed her account community.airbnb.com/t5/Hosts/I-don-t-know-why-my-account-was-disabled/m-p/103289# , which apparently occurred because of a message she had written to a transgender guest over a year ago www.theguardian.com/technology/2016/jun/06/airbnb-criticism-transgender-guest-denied-super-host . Again, though, Minnesota does not prohibit discrimination based on gender identity. mn.gov/mdhr/yourrights/index.html
So AIrbnb's anti-discrimination statement, which refers host to look at their local laws, is misleading. This lack of clarity about just what Airbnb means by discrimination, could be particularly tragic if this led to a misunderstanding which caused a host to have her account shut down by Airbnb. Hosts need and deserve clarity on this important subject.
It may be the case that Airbnb wishes to hold hosts to higher standards than some state or national laws would provide for, but in any case, I think it is important, and really necessary, for Airbnb to define just what type of "discriminatory content" it prohibits. It is insufficient to say that discriminatory content against any "individual or group" is prohibited" For instance, would AIrbnb prohibit the female host from telling a male nudist guest who wants to stay at her home, that she does not accept nudists? What of the meat eating guest who wants to stay at a vegan or kosher hosts' home -- if they decline and say they dont' accept meat eaters in their home, will they have unwittingly engaged in a prohibited type of discrimination? What of the pet owner who feels discriminated against by listings that state "no pets" or the family who feels discriminated against by listings that state "not child friendly" or "no children"? What of the female host who for her own safety, wishes to only accept female guests? Will she be at risk of being accused of forbidden discrimination, and worry that she may be banned as an Airbnb host as a consequence? US law states that individuals may state in advertisements that they prefer renters of a given gender, if they will share bath/kitchen with the renter. Will Airbnb refer hosts to US law which permits this type of discrimination, or will Airbnb prohibit this discrimination which is legal under US law?
Further, if Airbnb is going further than state or national laws provide for, will Airbnb require hosts to accept disabled individuals or service animals, when federal law (Fair Housing Act and ADA) specifically exempt from these laws, those homeowners living in their home, if they rent out 4 rooms or fewer? These things are unclear, from reading Airbnb's anti-discrimination policy. Yet if hosts' businesses are at risk from not understanding the policy, it is critical that Airbnb articulate its policy more clearly and specifically state what categories are protected from discrimination on its site, as well as whether it is just discriminatory content that is prohibited, or any discrimination in decision making. US law states clearly that most homeowners are exempt from the FHA fairhousing.foxrothschild.com/2010/06/articles/fha-basics/the-mrs-murphy-exemption-to-the-fair-housing-act/ , yet if Airbnb is requiring more of hosts than that they follow their state or federal laws regarding discrimination, then hosts need to know what standards are expected of them, and very specifically know what they may or may not say or do.
I have never seen laws prohibiting discrimination in advertising/content, which did not clearly state the categories regarding which it was prohibited to discriminate. (eg, age, race, religion, sexual orientation, disability). This is what I believe is needed in Airbnb's policy.
www.airbnb.com/help/article/483/what-is-airbnb-s-anti-discrimination-policy
And I noticed that Airbnb does not state anywhere what categories are covered by its non-discrimination policy. AIrbnb states, " we prohibit content that promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group, and we require all users to comply with local laws and regulations."
This is unclear. What is meant here by "discrimination"? One might presume on reading this , that Airbnb means that hosts shall be subject to the laws and regulations about discrimination at their own locality. However, it appears that this is not the case, since last year when an Airbnb host in Texas evicted a gay couple, Airbnb banned her as a host, sanfrancisco.cbslocal.com/2015/04/30/airbnb-bans-host-who-evicted-gay-couple-from-texas-home/ even though Texas does not prohibit discrimination on the basis of sexual orientation. en.wikipedia.org/wiki/LGBT_rights_in_Texas . More recently, a host in Minneapolis posted today on the Airbnb Community Center that Airbnb closed her account community.airbnb.com/t5/Hosts/I-don-t-know-why-my-account-was-disabled/m-p/103289# , which apparently occurred because of a message she had written to a transgender guest over a year ago www.theguardian.com/technology/2016/jun/06/airbnb-criticism-transgender-guest-denied-super-host . Again, though, Minnesota does not prohibit discrimination based on gender identity. mn.gov/mdhr/yourrights/index.html
So AIrbnb's anti-discrimination statement, which refers host to look at their local laws, is misleading. This lack of clarity about just what Airbnb means by discrimination, could be particularly tragic if this led to a misunderstanding which caused a host to have her account shut down by Airbnb. Hosts need and deserve clarity on this important subject.
It may be the case that Airbnb wishes to hold hosts to higher standards than some state or national laws would provide for, but in any case, I think it is important, and really necessary, for Airbnb to define just what type of "discriminatory content" it prohibits. It is insufficient to say that discriminatory content against any "individual or group" is prohibited" For instance, would AIrbnb prohibit the female host from telling a male nudist guest who wants to stay at her home, that she does not accept nudists? What of the meat eating guest who wants to stay at a vegan or kosher hosts' home -- if they decline and say they dont' accept meat eaters in their home, will they have unwittingly engaged in a prohibited type of discrimination? What of the pet owner who feels discriminated against by listings that state "no pets" or the family who feels discriminated against by listings that state "not child friendly" or "no children"? What of the female host who for her own safety, wishes to only accept female guests? Will she be at risk of being accused of forbidden discrimination, and worry that she may be banned as an Airbnb host as a consequence? US law states that individuals may state in advertisements that they prefer renters of a given gender, if they will share bath/kitchen with the renter. Will Airbnb refer hosts to US law which permits this type of discrimination, or will Airbnb prohibit this discrimination which is legal under US law?
Further, if Airbnb is going further than state or national laws provide for, will Airbnb require hosts to accept disabled individuals or service animals, when federal law (Fair Housing Act and ADA) specifically exempt from these laws, those homeowners living in their home, if they rent out 4 rooms or fewer? These things are unclear, from reading Airbnb's anti-discrimination policy. Yet if hosts' businesses are at risk from not understanding the policy, it is critical that Airbnb articulate its policy more clearly and specifically state what categories are protected from discrimination on its site, as well as whether it is just discriminatory content that is prohibited, or any discrimination in decision making. US law states clearly that most homeowners are exempt from the FHA fairhousing.foxrothschild.com/2010/06/articles/fha-basics/the-mrs-murphy-exemption-to-the-fair-housing-act/ , yet if Airbnb is requiring more of hosts than that they follow their state or federal laws regarding discrimination, then hosts need to know what standards are expected of them, and very specifically know what they may or may not say or do.
I have never seen laws prohibiting discrimination in advertising/content, which did not clearly state the categories regarding which it was prohibited to discriminate. (eg, age, race, religion, sexual orientation, disability). This is what I believe is needed in Airbnb's policy.
This response was received on June 7th 2016 from David King Director of Diversity (he cc'd Donna Boyer, who is a host in SF and is Airbnb's new Director of PRoduct):
Thanks for your email. Among other things, we are closely looking at our anti-discrimination policy and will make changes where appropriate. We greatly value the opinions of our host community and will provide updates as we make progress.
Thanks again,
David King
--
David Julius King, III
Airbnb
Director, Diversity and Belonging
Thanks again,
David King
--
David Julius King, III
Airbnb
Director, Diversity and Belonging
If any of you would also be interested in writing letters, you can reach David King at David.king@airbnb.com and you can reach Donna Boyer at Donna.Boyer@airbnb.com David King does seem to be expressing interest in receiving feedback so I encourage hosts to direct thoughts their way!
