As the world slowly sees the rainbow at the end of the coronavirus global pandemic, some short-rental businesses use the COVID-19 vaccine as a perk to avail discounts for future customers.
In a private Facebook group discussion, Airbnb hosts had a heated debate about whether it is right and lawful to offer a discount on customers who have availed the immunization against coronavirus being rolled out in the United States.
Apparently, other private room hosts in some parts of the US are already offering up to a 50 percent discount for guests who have been vaccinated against COVID-19.
As their fellow Airbnb hosts weigh in on the idea, some applauded the effort to promote safety while encouraging guests to take part in quickly ending the global pandemic. In contrast, others pointed out that it could be a problem against the vacation rental online marketplace's anti-discrimination policy.
Airbnb Nondiscrimination Policy
The San Francisco-based company has an existing nondiscrimination policy prohibiting housing professionals like landlords, hosts, or real estate agents from denying someone a booking due to race, gender, religion, and other personal factors.
"Airbnb hosts may not decline a booking based on race, color, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status," the policy reads.
While the hosts offering a discount on vaccinated guests are not denying unvaccinated guest housing, some insisted that it could also be a violation of the fair housing law.
Meanwhile, others argue that hosts offering discounts do not deny unvaccinated guests a lawful booking; they are only not eligible to get a deal and instead pay the full price. On the other side, offering a discount is not a form of discrimination, so no violation is committed. Some also emphasized that Airbnb hosts can set their own house rules, prices, and discounts.
Violation of Health Insurance Portability and Accountability Act
Some hosts took the argument to the next level and said that offering a discount on vaccinated guests is a form of discrimination and a violation of the Health Insurance Portability and Accountability Act.
But according to legal experts, this kind of offer is not breaking any law.
"It's not a violation of HIPAA," Georgetown University professor Lawrence Gostin told The Daily Beast.
"It is certainly lawful to ask if a person has been vaccinated. Businesses can require vaccination as a condition of service. Not only is it lawful to ask, it is ethical. No one has the right to place another person at risk.," the professor who specializes in public health law added.
He explained that even businesses, schools, and childcare centers often require immunization records before entertaining an enrollee.
As of writing, Airbnb has not made a statement addressing the debate.
Safety Measures
At the height of the coronavirus pandemic, Airbnb announced that both hosts and guests using their platform must abide by the COVID-19 Safety Practices, including social distancing, wearing a face mask, and following the five-step enhanced cleaning process.
Some Airbnb hosts adhered to the policy and took extra precautions by installing a ventilation system, upgrading to touchless light switches, and asking COVID-19-related questions to customers before booking.
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