Discrimination in Showings and Offers Practice Questions

Question 1 of 5

What are a registrant's obligations under both TRESA and the Human Rights Code when a client gives a discriminatory instruction?

• AFollow the instruction because the client's wishes are paramount, based on the provisions of TRESA that govern how registrants must conduct themselves in real estate transactions, including obligations related to competence, honesty, and client protection
• BImmediately terminate the client relationship without explanation, under the regulatory framework established by TRESA, which sets out the registration requirements, conduct standards, and enforcement mechanisms applicable to Ontario real estate professionals
• CFollow the instruction but document your objection, based on the provisions of TRESA that govern how registrants must conduct themselves in real estate transactions, including obligations related to competence, honesty, and client protection
• DThe registrant must refuse the discriminatory instruction, explain why it violates the Code, document the refusal, and consider whether to continue the client relationship — under TRESA, registrants must comply with the law, and under the Code, carrying out discriminatory instructions creates personal liability for the registrant

Question 2 of 5

Registrant Aisha is reviewing her brokerage's marketing materials and notices all photography features young, white couples in suburban homes. What inclusive marketing practice should she recommend?

• AKeep the existing materials since they appeal to the primary demographic — marketing that reflects only one demographic can deter persons from other backgrounds and may constitute constructive discrimination by creating a perception that the brokerage does not serve diverse clients
• BDiversify imagery to represent a range of ages, ethnicities, family compositions, abilities, and housing types — inclusive marketing signals that the brokerage serves all clients and reduces the perception of barriers for underrepresented groups
• CRemove all photographs to avoid any possible issues — but in practice, removing all imagery eliminates the problem but also eliminates the opportunity to proactively signal inclusion
• DAdd a diversity statement without changing the imagery, because diversity statement without corresponding imagery is performative and may be perceived as insincere

Question 3 of 5

A registrant wants to describe a property as being in a 'family-friendly' neighbourhood. Does this language create a human rights concern?

• ANo, 'family-friendly' is always acceptable, based on the principles of non-discrimination and equal treatment that apply to all aspects of real estate services including property showings, representation, and negotiations
• BYes — 'family-friendly' implicitly suggests a preference for families with children and may discourage individuals, couples without children, or seniors from pursuing the property; describing specific amenities (parks, schools, community centres) provides the same information without demographic preference
• C'Family-friendly' is only problematic in rental listings, not sales, because code applies to all housing transactions, under the Human Rights Code provisions that establish protected grounds, accommodation duties, and complaint procedures applicable to real estate transactions in Ontario
• DIt is acceptable if combined with 'pet-friendly', based on the principles of non-discrimination and equal treatment that apply to all aspects of real estate services including property showings, representation, and negotiations

Question 4 of 5

A landlord instructs registrant Simone to advertise a two-bedroom rental unit as suitable for 'quiet professionals — no children please.' Is this advertising language permissible under the Ontario Human Rights Code?

• AYes, because the landlord has a legitimate preference for quiet tenants, given that the advertising content accurately represents the property or services being promoted and includes the registrant and brokerage identification required under TRESA
• BYes, if the building has a noise by-law that all tenants must follow, especially where the marketing materials comply with the brokerage's advertising policies and include all mandatory identification and disclosure elements required by RECO
• CNo — specifying 'no children' discriminates based on family status, which is a protected ground under s. 2(1) of the Code in housing; the phrase also implicitly discriminates based on age
• DYes, because it is phrased as a preference rather than a requirement, especially where the marketing materials comply with the brokerage's advertising policies and include all mandatory identification and disclosure elements required by RECO

Question 5 of 5

Registrant Preet works in a predominantly South Asian community and markets primarily through community events and South Asian media. A colleague suggests this may be a human rights concern. Is Preet's approach problematic?

• AYes, marketing to a specific community is always discriminatory, especially where the registrant has applied consistent criteria and provided equal service quality to all clients regardless of personal characteristics protected under the Human Rights Code
• BMarketing to a specific community is not inherently discriminatory — the concern arises if the registrant exclusively serves one community while refusing to serve others; targeting marketing is acceptable as long as the registrant provides equal service to all clients regardless of background
• CNo, registrants can choose to serve only their own community — under the code and tresa, registrants must serve all clients equitably
• DOnly if the marketing materials are in a language other than English or French, given that multilingual marketing is not discriminatory