The Hogan v. Airbnb Case: Challenging Discrimination in the Digital Era

As more aspects of daily life move online — like stores, schools, entertainment, and banking — it's crucial to ensure that digital platforms adhere to anti-discrimination laws and ensure equal access to these services.

In Hogan v. Airbnb, Inc., the Illinois Human Rights Commission ruled that Airbnb is not a place of public accommodation under the Illinois Human Rights Act. They argued that Airbnb doesn't count as a place covered by the Act because it's not a physical location like a hotel or public space. This decision could mean that Airbnb could potentially discriminate based on protected classes like race or disability.

The finding that Airbnb is not subject to the Act’s anti-discrimination protections goes against the Act's purpose of stopping discrimination in public life.

Hogan, representing themselves, has challenged the Commission’s decision about its jurisdiction and its finding that there isn’t enough evidence of discrimination based on race.

Hughes Socol Piers Resnick & Dym, Ltd. filed an Amicus brief on behalf of Chicago Lawyers’ Committee for Civil Rights, Access Living, HOPE Fair Housing Center, and Open Communities. We’re arguing the rules against discrimination in public spaces should apply to Airbnb. Airbnb is a digital platform that facilitates access to lodging, travel services, and various physical spaces and services that should be accessible to all without the risk of discrimination.

The outcome of this case has the potential to influence future cases and legislation related to the responsibilities of digital platforms in ensuring equal treatment for all users and adhering to anti-discrimination laws. It is important we reassess existing laws to ensure they apply to all aspects of our evolving society, including digital spaces.