A Legal, Ethical, and Public Policy Analysis of Airbnb
How Platform Design and Legal Loopholes Enable Discrimination in the Sharing Economy
Keywords:
Airbnb, Racial discrimination, Sharing economy, Platform design, Implicit bias, Civil Rights Act of 1964, Section 230 of the Communications Decency Act, Fair Housing Act of 1968, Mrs. Murphy Exemption, Information asymmetry, Instant Book, #AirbnbWhileBlack, Racial gentrification, Platform accountability, Peer-to-peer marketplace, Asset-light platform, California Unruh Civil Rights Act, Jones v. Alfred H. Mayer Co., Shelley v. Kraemer, Fair Housing Council v. Roommate.com, Gregory Selden v. Airbnb, Dyne Suh incident, Oregon Discrimination Settlement, Uber, Lyft, TaskRabbit, Fiverr, Federal reformAbstract
This paper analyzes how Airbnb’s platform design, legal classification, and economic incentives enable racial discrimination within the sharing economy. Despite public commitments to diversity and inclusion, Airbnb continues to facilitate bias due to loopholes in civil rights legislation and design features such as profile pictures and name visibility. Empirical studies and high-profile incidents underscore persistent racial disparities for both guests and hosts. This paper concludes with policy recommendations, including legislative reforms, design changes, and stronger state-level protections. It advocates for a modernized legal framework that holds digital platforms accountable and ensures equity across the sharing economy.
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Copyright (c) 2025 Emily Riccardi
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