The ACLU-NJ—together with co-counsel Powell & Román, LLC, the ACLU Women’s Rights Project, and the ACLU Program on Freedom of Religion and Belief—represent three plaintiffs in a challenge to their condominium association’s discriminatory policy of segregating the community’s shared swimming pool by gender. This policy prohibits women from using the pool during 32.5 men-only hours per week, and men from using the pool during 33.5 women-only hours per week. Its explicit and exclusive purpose is to classify and separate community members along gender lines, in glaring violation of the Fair Housing Act. Notably, the allocation of hours to men and women reflects assumptions about gender roles. Most evening hours are reserved for men, while women are left to swim during typical working hours.
On April 22, 2019, the Third Circuit ruled in the plaintiffs’ favor and reversed the district court’s decision, holding that the condominium association’s segregated pool policy discriminated against women in violation of the Fair Housing Act.