Resolve, Requiring the Maine Human Rights Commission To Report on Complaints Involving Supervisors Further amend the bill by striking out everything after the title and before the summary and inserting in its place the following: Whereas, the Maine Supreme Court ruled, in Gordan v. 1:wrunings, No. CUM-99-254, WL (Me. 4/19/00), withdrawn, 756 A.2d 942 (Me. 2000), in a decision that the court later vacated procedural grounds, that a supervisor may be personally liable under the Maine Human Rights Act for acts of sexual harassment constituting a "hostile work environment"; and Whereas, the language of the Maine Human Rights Act defining "employer"-under the Maine Revised Statutes, Title 5, section 4553, subsection 4 as including "any person acting in the interest of any employer, directly or indirectly is distinguishable from the language of the comparable federal statute, Title VII of the Civil Rights Act of 1964, 42 United States Code, Section 2000e(b); and Whereas, the Maine Human Rights Commission has consistently interpreted the current language of the Maine Human Rights Act as providing for supervisory liability in some circumstances; and Page l-LR1699(2) COMMITTEE AMENDMENT
Maine Legislature, Session 121, LD 0523
Committee Amendment CA_A_H285 (House)

COMMITTEE AMENDMENT 
Act To Hold Supervisors 
the Workplace" 
".fj" to H.P. 408, L.D. 523, Bill, "An 
Personally Liable for Discrimination in 
Amend the bill by striking out the title and substituting 
the following: 
'Resolve, Requiring the Maine Human Rights Commission To Report 
on Complaints Involving Supervisors' 
Further amend the bill by striking out everything after the 
title and before the summary and inserting in its place the 
following: 
'Whereas, 
the 
Maine 
Supreme 
Court 
ruled, 
in Gordan 
v. 
1:wrunings, 
No. 
CUM-99-254, 
2000 
WL 
419716 
(Me. 
4/19/00), 
withdrawn, 756 A.2d 942 (Me. 2000), in a decision that the court 
later vacated 
procedural grounds, that a 
supervisor may be 
personally liable under the Maine Human Rights Act for acts of 
sexual harassment constituting a "hostile work environment"; and 
Whereas, 
the 
language 
of 
the 
Maine 
Human 
Rights 
Act 
defining "employer"-
under the Maine Revised Statutes, Title 5, 
section 4553, subsection 4 as including "any person acting in the 
interest 
of 
any 
employer, 
directly 
or 
indirectly" 
is 
distinguishable 
from 
the 
language 
of 
the 
comparable 
federal 
statute, Title VII of the Civil Rights Act of 1964, 42 United 
States Code, Section 2000e(b); and 
Whereas, the Maine Human Rights Commission has consistently 
interpreted the current language of the Maine Human Rights Act as 
providing for supervisory liability in some circumstances; and 
Page l-LR1699(2) 
COMMITTEE AMENDMENT 
f." 
". 
COMMITTEE AMENDMENT .. f}:. to H.P. 408, L.D. 523 
Whereas, the Legislature is mindful of the fact that an 
opposite 
interpretation 
would 
leave 
victims 
of 
invidious 
discrimination without a remedy and might leave the victim with 
no option other than to file a complaint against the owner for 
acts of discrimination committed by someone outside the scope of 
agency law; and 
Whereas, 
the 
Legislature 
recognizes 
that 
there 
are 
a 
limited number of circumstances in which a supervisory employee 
should be held liable for actions of intentional discrimination 
amounting 
to 
sexual 
harassment 
producing 
a 
hostile 
work 
environment; and 
Whereas, 
the 
Legislature 
is 
concerned 
that 
persons 
violating the law should not go unpunished, that victims should 
not be left without a remedy and that faultless business owners 
should not be subjected to lawsuits because of acts committed by 
supervisory personnel outside the purview of agency law; and 
Whereas, the Legislature is not confident that revision of 
the statute is necessary in order to protect victims of sexual 
harassment or to insulate innocent business owners in appropriate 
circumstances; now, therefore, be it: 
Sec. 1. 
Report. 
Resolved: 
That 
the 
Maine 
Human 
Rights 
Commission 
shall 
report 
to 
the Joint Standing 
Committee 
on 
Judiciary on the number of complaints the commission has received 
in which the employee has suffered discrimination through actions 
or inaction of a supervisor, but the employer has an affirmative 
defense against liability. 
The report must be submitted not 
later than January 14, 2004; and be it further 
Sec. 2. 
Legislation. 
Resolved: 
That 
the 
Joint 
Standing 
committee on Judiciary is authorized to submit legislation to the 
the commission's report.' 
SUMMARY 
This amendment replaces the bill and changes the bill to a 
resolve. 
It requires the Maine Human Rights Commission to report 
to the Joint Standing Committee 
on Judiciary the 
number 
of 
complaints 
it has 
received 
in 
which 
a 
supervisor 
commits 
discrimination through the supervisor's actions or inaction and 
in which the employer avoids liability through the use of an 
affirmative defense. 
This will help the committee determine what 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ';1" to H,P. 408, L.D. 523 
impact 
the affirmative 
defense 
provided 
under 
federal civil 
rights law provided in Faragher v. City of Boca Raton, 524 U.S. 
(1998) has had on cases in Maine. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/23/03 ~ae 
12lst Maine Legislature 
Office of Fiscal and Program Review 
LD523 
Resolve, Requiring the Maine Human Rights Commission to Report on 
Complaints Involving Supervisors 
LR 1699(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
LR1699(2) - Fiscal Note - Page 1 of 1