282
Opinion of the Court
Breyer, J., delivered the opinion for a unanimous Court.
Douglas G. Benedon argued the cause for petitioner. With him on the briefs was Gerald M. Serlin.
Robert G. Schwemm argued the cause for respondents. With him on the brief were Elizabeth Brancart, Christopher Brancart, and Greg Alexanian.
Malcolm L. Stewart argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Solicitor General Olson, Assistant Attorney General Boyd, Deputy Solicitor General Clement, and David K. Flynn.*
Justice Breyer delivered the opinion of the Court.
The Fair Housing Act forbids racial discrimination in respect to the sale or rental of a dwelling. 82 Stat. 81, 42 U. S. C. §§ 3604(b), 3605(a). The question before us is whether the Act imposes personal liability without fault upon an officer or owner of a residential real estate corporation for the unlawful activity of the corporation's employee or agent. We conclude that the Act imposes liability without fault upon the employer in accordance with traditional agency principles, i. e., it normally imposes vicarious liability upon the corporation but not upon its officers or owners.
I
For purposes of this decision we simplify the background facts as follows: Respondents Emma Mary Ellen Holley and
*Briefs of amici curiae urging reversal were filed for the California Association of Realtors by June Babiracki Barlow and Neil Kalin; for the National Association of Home Builders by Christopher G. Senior; and for the National Association of Realtors by Laurene K. Janik and Ralph W. Holmen.
Briefs of amici curiae urging affirmance were filed for the International Association of Official Human Rights Agencies by Bruce V. Spiva and Jessie K. Liu; and for the National Fair Housing Alliance et al. by John P. Relman, Meera Trehan, and Virginia A. Seitz.
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