But what if the person is passing around flyers WITHOUT their picture to avoid being discriminated against by clients who might rule them out based on that?
If I'm reading this right, then there's nothing wrong with that. We shouldn't be discriminating, or be discriminated against. The thing is, you have to be consistent, or it could bite you in the rear.
Have you ever considered, that just by putting your picture in your advertising and thus revealing your ethnicity, YOU could be accused of trying to attract people of your own ethnicity and avoid dealing with others? (I know you're not... but how could you prove it?)
If it comes down to that, then we're all screwed. Pardon the language.
Fair Housing laws can't force clients to reveal why they chose a particular realtor, or chose not to contact another realtor. If you put your picture in your advertising... I guarantee that your ethnicity, as revealed in your picture, has influenced at least some of your clients in choosing or not choosing to do business with you.
True, they can't, but they do hire what are called "testers" who act like potential clients. If someone tips HUD off about someone, they will act on it.
For instance (and I realize I could have misinterpreted what the OP said about her relative - but I'm going to use that as an example) if you're passing out business cards with your white smiling white face, to only white people, and someone of another race asks for your business card and you whip out a generic one - and then those two people talk, it would be very easy for HUD to catch that person in the act. The fines are HUGE.
I don't give a flying rip what color you are, or what language you speak, but the reality, is there are other people who do. I chose to take my photo off my advertising, because I'm a woman and there have been female agents raped and murdered on the job, helping bogus clients.
I guess if someone looked hard enough, I could be accused of leaving out a certain type of client. Perverts.
Personally, I can't wrap my brain around why someone would chose to use two different types of advertising in order to discriminate. Now that I'm typing it out, it doesn't make much sense.