An Act To End Discrimination
Maine Legislature, Session 122, LD 1365
Committee: Judiciary
Sponsors: BRENNAN, RICHARDSON, PERCY, BARTLETT, BROMLEY, COWGER, DAMON, DIAMOND, DOW, EDMONDS, GAGNON, MAYO, NUTTING, ROTUNDO, SCHNEIDER, STRIMLING, SULLIVAN, ADAMS, BABBIDGE, BARSTOW, BLANCHARD, BLISS, BRAUTIGAM, BRYANT, BURNS, CAIN, CANAVAN, CUMMINGS, DUCHESNE, DUDLEY, DUNN, EBERLE, FAIRCLOTH, FARRINGTON, GERZOFSKY, GOLDMAN, HUTTON, JACKSON, KOFFMAN, LERMAN, MARLEY, NORTON, PARADIS, PATRICK, PELLETIER-SIMPSON, PERRY, PINEAU, PINGREE, SAMPSON, SMITH, WATSON, WEBSTER, WHEELER, WOODBURY
Amends: 5 MRSA §4552, 5 MRSA §4553, 5 MRSA §4554, 5 MRSA §4571, 5 MRSA §4572, 5 MRSA §4573, 5 MRSA §4573-A, 5 MRSA §4581, 5 MRSA §4582, 5 MRSA §4583, 5 MRSA §4591, 5 MRSA §4592, 5 MRSA §4595, 5 MRSA §4596, 5 MRSA §4612

Legislative Document 
No. 1365 
S.P.471 
In Senate, March 17, 2005 
An Act To End Discrimination 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by Senator BRENNAN of Cumberland. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Speaker RICHARDSON of Brunswick, Representative PERCY of Phippsburg and 
Senators: BARTLETT of Cumberland, BROMLEY of Cumberland, COWGER of Kennebec, DAMON of 
Hancock, DIAMOND of Cumberland, DOW of Lincoln, President EDMONDS of Cumberland, GAGNON of 
Kennebec, MAYO of Sagadahoc, NUTTING of Androscoggin, ROTUNDO of Androscoggin, SCHNEIDER of 
Penobscot, STRIMLING of Cumberland, SULLIVAN of York, Representatives: ADAMS of Portland, 
BABBIDGE of Kennebunk, BARSTOW of Gorham, BLANCHARD of Old Town, BLISS of South Portland, 
BRAUTIGAM of Falmouth, BRYANT of Windham, BURNS of Berwick, CAIN of Orono, CANAVAN of 
Waterville, CUMMINGS of Portland, DUCHESNE of Hudson, DUDLEY of Portland, DUNN of Bangor, 
EBERLE of South Portland, FAIRCLOTH of Bangor, FARRINGTON of Gorham, GERZOFSKY of Brunswick, 
GOLDMAN of Cape Elizabeth, HUTTON of Bowdoinham, JACKSON of Fort Kent, KOFFMAN of Bar Harbor, 
LERMAN of Augusta, MARLEY of Portland, NORTON of Bangor, PARADIS of Frenchville, PATRICK of 
Rumford, PELLETIER-SIMPSON of Auburn, PERRY of Calais, PINEAU of Jay, PINGREE of North Haven, 
SAMPSON of Auburn, SMITH of Monmouth, SMITH of Van Buren, WATSON of Bath, WEBSTER of 
Freeport, WHEELER of Kittery, WOODBURY of Yarmouth. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §4552, as amended by PL 1993, c. 327, §l, is 
further amended to read: 
§4552. 
Policy 
To protect the public health, safety and welfare, it is 
declared to be the policy of this State to keep continually in 
review all practices infringing on the basic human right to a 
life with dignity, and the causes of these practices, so that 
corrective measures may, where possible, be promptly recommended 
and implemented, 
and to prevent discrimination in employment, 
housing or access to public accommodations on account of race, 
color, sex, sexual orientation, physical or mental disability, 
religion, 
ancestry 
or 
national 
origin; 
and 
in 
employment, 
discrimination on account of age or because of the previous 
assertion of a claim or right under former Title 39 or Title 39-A 
and 
in housing 
because 
of 
familial 
status; 
and 
to 
prevent 
discrimination in the extension of credit on account of age, 
race, color, sex, sexual orientation, marital status, religion, 
ancestry or national origin; 
and to prevent discrimination in 
education on account of sex or physical or mental disability. 
Nothing in this chapter confers legislative approval of, or 
special rights to, any person or group of persons. 
Sec. 2. 5 MRSA §4553, sub-§§9-C and 9-D are enacted to read: 
9-C. 
Religious entity. 
"Religious entity" means: 
A. 
A religious corporation, association or society; 
B. 
A college, 
school, 
university or 
other educational 
institution, not otherwise a religious entity, if it is in 
whole or substantial part funded, 
controlled, 
managed or 
owned by a religious corporation, association or society; 
or 
C. 
A nonprofit organization that is operated for charitable 
purposes if it is in whole or substantial part funded, 
controlled, 
managed or owned by a 
religious corporation, 
association or society. 
9-D. 
Sexual orientation. 
"Sexual orientation" means having 
an orientation for heterosexuality, homosexuality or bisexuality, 
having a history of that orientation or being identified with 
that orientation. 
"Sexual 
orientation" 
refers 
to 
a 
person's 
actual or perceived status, condition or gender expression. 
This 
chapter is intended to ensure specific defined rights, and not to 
Page l-LR0084 (1) 
... 
endorse or extend to any form of sexual behavior, and does not 
include sexual attraction to a minor by an adult. 
Sec. 3. 5 MRSA §4553. sub-§lO. llE, as amended by PL 1983, c. 
578, §2, is further amended to read: 
E. 
In determining whether aBY 
£ 
person is acting as an 
agent or employee of another person so as to make SHea the 
other person responsible for ais that person's acts, 
the 
question 
of 
whether 
the 
specific 
acts 
performed 
were 
actually authorized or subsequently ratified saa~~ is not be 
controlling; aBa 
Sec. 4. 5 MRS A §4553. sub-§lO. 1JF. as enacted by PL 1983, c. 
578, §2, is amended to read: 
F. 
Unlawful 
educational 
discrimination 
as 
defined 
and 
limited by subchapter V-~T 5-B: and 
Sec. 5. 5 MRSA §4553, sub-§10, llG is enacted to read: 
G. 
Discrimination 
in 
employment. 
housing, 
public 
accommodation and credit as defined in subchapters 3, 4, 5 
and 5-A, on the basis of sexual orientation, except that a 
religious 
entity 
is 
exempt 
from 
these 
provisions 
with 
respect to discrimination based on sexual orientation. 
Sec. 6. 5 MRSA §4554. sub-§§4, 5 and 6 are enacted to read: 
4. 
Contracts. 
The exemption provision of section 4553, 
subsection 10, paragraph G does not prohibit a state agency from 
including provisions in a contract with any entity, including a 
religious entity, that may require nondiscrimination on the basis 
of sexual orientation otherwise consistent with this chapter with 
respect to and as a condition of continuation of such a contract: 
nor does this Act require any religious entity to enter into any 
contract. 
With respect to a contract with any religious entity, 
the employment defenses provided in section 4573-A, subsection 2 
are 
applicable 
to 
any 
dis~ute 
arising 
under 
such 
a 
nondiscr imination 
clause 
to 
the 
extent 
related 
to 
alleged 
employment discrimination based on sexual orientation. 
5. 
Educational policy. 
This 
act 
does 
not mandate 
any 
public or private educational institution to promote any form of 
sexuality or sexual orientation or to include such matters in its 
curriculum. 
6. 
Affirmative action. 
The provisions of this Act relating 
to sexual orientation are not intended to modify federal or state 
requirements for affirmative action in effect as of the effective 
date 
of 
this 
subsection, 
nor 
intended 
to 
create 
any 
new 
obligations with respect to affirmative action or numerical goals 
or quotas. 
Sec. 7. 5 MRSA §4571, as amended by PL 1991, c. 99, §6, is 
further amended to read: 
§4571. 
Right to freedom from discrimination in employment 
The 
opportunity 
for 
an 
individual 
to 
secure 
employment 
without 
discrimination 
because 
of 
race, 
color, 
sex, 
sexual 
or ientation, 
physical 
or 
mental 
disability, 
religion, 
age, 
ancestry or national origin is recognized as and declared to be a 
civil right. 
Sec. 8. 5 MRSA §4572. sub-§l, 1r1rA, Band C. as amended by PL 
1991, c. 885, Pt. E, §7 and affected by §47, are further amended 
to read: 
A. 
For any employer to fail or refuse to hire or otherwise 
discriminate against any applicant for employment because of 
race or color, sex, sexual orientation, physical or mental 
disability, 
religion, 
age, 
ancestry 
or 
national 
origin, 
because of the applicant's previous assertion of a claim or 
right under former Title 39 or Title 39-A or because of 
previous actions taken by the applicant that are protected 
under Title 26, chapter 7, subchapter V-8 5-B; or, because 
of those reasons, to discharge an employee or discriminate 
with 
respect 
to 
hire, 
tenure, 
promotion, 
transfer, 
compensation, terms, conditions or privileges of employment 
or 
any 
other matter directly or 
indirectly related 
to 
employment; or, in recruiting of individuals for employment 
or in hiring them, to utilize any employment agency that the 
employer knows or has reasonable cause to know discriminates 
against individuals because of their race or color, 
sex, 
sexual orientation, physical or mental disability, religion, 
age, ancestry or national origin, because of their previous 
assertion of a claim or right under former Title 39 or Title 
39-A or because of previous actions that are protected under 
Title 26, chapter 7, subchapter V-8 5-B; 
(1) 
This paragraph does not apply to discrimination 
governed by Title 39-A, section 353; 
B. 
For any employment agency to fail or refuse to classify 
properly, 
refer for 
employment or otherwise discriminate 
against any individual because of race or color, sex, sexual 
or ientation, physical or mental disability, religion, age, 
ancestry or national origin, because of the individual's 
previous assertion of a claim or right under former Title 39 
or Title 39-A or because of previous actions taken by the 
individual that are protected under Title 26, 
chapter 7, 
subchapter V-8 5-B; or to comply with an employer's request 
for the referral of job applicants if a request indicates 
ei ther directly or indirectly that the employer will not 
afford 
full 
and 
equal 
employment 
opportunities 
to 
individuals regardless of their race or color, sex, sexual 
orientation, physical or mental disability, religion, age, 
ancestry or national origin, because of previous assertion 
of a claim or right under former Title 39 or Title 39-A or 
because of previous actions that are protected under Title 
26, chapter 7, subchapter V-8 5-B; 
C. 
For 
any 
labor 
organization 
to 
exclude 
from 
apprenticeship or 
membership 
or 
to 
deny full 
and equal 
membership rights to any applicant for membership because of 
race or color, sex, sexual orientation, physical or mental 
disability, 
religion, 
age, 
ancestry 
or 
national 
origin, 
because of the applicant's previous assertion of a claim or 
right under former Title 39 or Title 39-A or because of 
previous actions taken by the applicant that are protected 
under Title 26, chapter 7, subchapter V-8 5-B; or, because 
of those reasons, to deny a member full and equal membership 
rights, 
expel 
from 
membership, 
penalize 
or 
otherwise 
discriminate 
with 
respect 
to 
hire, 
tenure, 
promotion, 
transfer, compensation, 
terms, conditions or privileges of 
employment, 
representation, grievances or any other matter 
directly or indirectly related to membership or employment, 
whether or not authorized or required by the constitution or 
bylaws of that labor organization or by a collective labor 
agreement or other contract; to fail or refuse to classify 
properly or refer for employment or otherwise discriminate 
against any member because of race or color, sex, 
sexual 
or ientation, physical or mental disability, religion, age, 
ancestry 
or 
national 
origin, 
because 
of 
the 
member's 
previous assertion of a claim or right under former Title 39 
or Title 39-A or because of previous actions taken by the 
member 
that 
are 
protected 
under 
Title 
26, 
chapter 
7, 
subchapter V-8 
5-B; 
or to cause or attempt to cause an 
employer to discriminate against an individual in violation 
of 
this 
section, 
except 
that it is 
lawful 
for 
labor 
organizations 
and 
employers 
to 
adopt 
a 
maximum 
age 
limi tation in apprenticeship programs, if the employer or 
labor organization obtains prior approval 
from 
the Maine 
Human 
Rights 
Commission 
of 
any 
maximum 
age 
limitation 
employed in an apprenticeship program. 
The commission shall 
approve 
the 
age 
limitation if 
a 
reasonable 
relationship 
exists between the maximum age limitation employed and a 
legitimate 
expectation 
of 
the 
employer 
in 
receiving 
a 
reasonable 
return 
upon 
the 
employer's 
investment 
in 
an 
393, 
apprenticeship program. 
The employer or labor organization 
bears the burden of demonstrating that such a relationship 
exists; 
Sec. 9. 5 MRSA §4572, sub-§l, 1rD, as amended by PL 1995, c. 
§12, is further amended to read: 
D. 
For 
any 
employer, 
employment 
agency 
organization, prior to employment or admission to 
of any individual, to: 
or 
labor 
membership 
(1) 
Elicit or attempt to elicit information directly 
or indirectly pertaining to race or color, sex ,~~xual 
or ientation, physical or mental disability, religion, 
age, 
ancestry 
or 
national 
origin, 
any 
previous 
assertion of a claim or right under former Title 39 or 
Title 39-A or any previous actions that are protected 
under Title 26, chapter 7, subchapter V-8 5-B; 
(2) 
Make or keep 
a 
record of race or color, 
sex, 
sexual 
orientation, 
physical 
or 
mental 
disability, 
religion, 
age, 
ancestry 
or 
national 
origin, 
any 
previous assertion of a 
claim or right under former 
Title 39 or Title 39-A or any previous actions that are 
protected under Title 26, 
chapter 7, 
subchapter V-8 
5-B, except under physical or mental disability when an 
employer 
requires 
a 
physical 
or 
mental 
examination 
prior 
to 
employment, 
a 
privileged 
record 
of 
that 
examination 
is 
permissible 
if 
made 
and 
kept 
in 
compliance with this Act; 
(3) 
Use any form of application for employment, 
or 
personnel or membership blank containing questions or 
entries directly or indirectly pertaining to race or 
color, 
sex, 
sexual 
orientation, 
physical 
or 
mental 
disability, religion, age, ancestry or national origin, 
any previous assertion of a claim or right under former 
Title 39 or Title 39-A or any previous actions that are 
protected under Title 26, 
chapter 7, 
subchapter V-8 
5-B. 
This section does not prohibit any officially 
recognized 
government 
agency 
from 
keeping 
records 
permitted to be kept under this Act in order to provide 
free services to individuals requesting rehabilitation 
or employment assistance; 
(4) 
Print, publish or cause to be printed or published 
any notice or advertisement relating to employment or 
membership 
indicating 
any 
preference, 
limitation, 
specification or 
discrimination based 
upon 
race 
or 
color, 
sex, 
sexual 
orientation, 
physical 
or 
mental 
disability, religion, age, ancestry or national origin, 
any previous assertion of a claim or right under former 
Title 39 or Title 39-A or any previous actions that are 
protected under Title 26, 
chapter 7, 
subchapter V-8 
5-8; or 
(5) 
Establish, announce or follow a policy of denying 
or 
limiting, 
through 
a 
quota 
system 
or 
otherwise, 
employment or membership opportunities of any group 
because of the race or color, sex, sexual orientation, 
physical or mental disability, religion, age, ancestry 
or national origin, the previous assertion of a claim 
or right under former Title 39 or Title 39-A or because 
of previous actions that are protected under Title 26, 
chapter 7, subchapter V-8 5-8, of that group; or 
Sec. 10. 5 MRSA §4573, as amended by PL 1995, c. 393, §§15 to 
20, is further amended by adding at the end a new paragraph to 
read: 
The 
provisions 
of 
this 
subchapter 
relating 
to 
sexual 
orientation do not require or prohibit the prov~s~on of employee 
benefi ts to an individual for the benefit of that individual's 
domestic partner. 
Sec. 11. 5 MRSA §4573-A, sub-§2, as enacted by PL 1995, c. 
393, §21, is amended to read: 
2. 
Religious defenses. 
This subchapter does not prohibit a 
religious corporation, 
association, 
educational institution or 
society from giving preference in employment to iBEliviElbl.als an 
individual of its same religion to perform work connected with 
the carrying on 
by the corporation, 
association, 
educational 
institution or society of its activities. 
Under this subchapter, 
a 
religious organization may require that all applicants and 
employees conform to the religious tenets of that organization. 
Sec. 12. 5 MRSA §4581, first 1[, as amended by PL 1991, c. 99, 
§12, is further amended to read: 
The opportunity for an individual to secure decent housing 
in accordance with the individual's ability to pay, and without 
discrimination because of race, color, sex, sexual orientation, 
physical 
or 
mental 
disability, 
religion, 
ancestry, 
national 
origin or familial status is hereby recognized as and declared to 
be a civil right. 
Sec. 13. 5 MRSA §4582, 2nd, 3rd and 4th 1[1[, as amended by PL 
1991, c. 99, §14, are further amended to read: 
For any owner, lessee, sublessee, managing agent or other 
person having the right to sell, rent, lease or manage a housing 
accommodation, or any agent of these to make or cause to be made 
any written or oral inquiry concerning the race or color, sex, 
sexual 
orientation, 
physical 
or 
mental 
disability, 
religion, 
ancestry, national origin or familial status of any prospective 
purchaser, occupant or tenant of the housing accommodation; or to 
refuse to show or refuse to sell, rent, lease, let or otherwise 
deny to or withhold from any individual housing accommodation 
because of the race or color, sex, sexual orientation, physical 
or mental disability, 
religion, 
ancestry, 
national origin or 
familial status of the individual; or to issue any advertisement 
relating 
to 
the 
sale, 
rental 
or 
lease 
of 
the 
housing 
accommodation whieh ~ 
indicates any preference, limitation, 
specification or discrimination based upon race or color, sex, 
sexual 
orientation, 
physical 
or 
mental 
disability, 
religion, 
ancestry, national origin or familial status; or to discriminate 
against any individual because of race or color, 
sex, 
sexual 
or ientation, physical or mental disability, religion, ancestry, 
national 
origin 
or 
familial 
status 
in 
the 
price, 
terms, 
conditions or privileges of the sale, rental or lease of any 
housing accommodations or in the furnishing of facilities or 
services in connection with any housing accommodationsTL or to 
evict or attempt to evict any tenant of any housing accommodation 
because of the race or color, sex, sexual orientation, physical 
or mental disability, 
religion, 
ancestry, 
national origin or 
familial status of the tenant; 
For any real estate broker or real estate sales person, or 
agent of one of them, to fail or refuse to show any applicant for 
a housing accommodation any accommodation listed for sale, lease 
or rental, because of the race or color, sex, sexual orientation, 
physical 
or 
mental 
disability, 
religion, 
ancestry, 
national 
origin or familial status of the applicant or of any intended 
occupant of 
the 
accommodation, 
or 
to misrepresent, 
for 
the 
purpose of discriminating because of the race or color, 
sex, 
sexual 
orientation, 
physical 
or 
mental 
disability, 
religion, 
ancestry, national origin or familial status of the applicant or 
intended occupant, the availability or asking price of a housing 
accommodation listed for sale, lease or rental; or for any reason 
to fail to communicate to the person having the right to sell or 
lease the housing accommodation any offer for the same made by 
any applicant; or in any other manner to discriminate against any 
applicant for housing because of race or color, 
sex, 
sexual 
orientation, physical or mental disability, religion, ancestry, 
national origin or familial status of the applicant or of any 
intended occupant of the housing accommodation, or to make or 
cause to be made any written or oral inquiry or record concerning 
the race or color, sex, sexual orientation, physical or mental 
• 
disability, 
religion, 
ancestry, 
national 
origin 
or 
familial 
status of any applicant or intended occupant, or to accept for 
listing any housing accommodation when the person having the 
right to sell or lease the 
same 
has directly or indirectly 
indicated 
an 
intention 
of 
discriminating 
among 
prospective 
tenants or purchasers on the ground of their race or color, sex, 
sexual 
orientation, 
physical 
or 
mental 
disability, 
religion, 
ancestry, national origin or familial status, or when the broker 
knows or has reason to know that the person having the right to 
sell or lease the housing accommodation has made a practice of 
discrimination siBee-JR±y-1T-1916; 
For any person to whom application is made for a loan or 
other 
form 
of 
financial 
assistance 
for 
the 
acquisition, 
construction, 
rehabilitation, 
repair 
or 
maintenance 
of 
any 
housing accommodation, whether secured or unsecured, or agent of 
the person, to make or cause to be made any oral or written 
inquiry concerning the race or color, sex, sexual orientation, 
physical 
or 
mental 
disability, 
religion, 
ancestry, 
national 
origin or familial status of any individual seeking financial 
assistance, or of existing or prospective occupants or tenants of 
housing accommodations; or to discriminate in the granting of 
financial assistance, or in the terms, conditions or privileges 
relating to the obtaining or use of any financial assistance, 
against any applicant because of the race or color, sex, sexual 
orientation, physical or mental disability, religion, ancestry, 
national origin or familial status of the applicant or of the 
existing or prospective occupants or tenants; 
Sec. 14. 5 MRSA §4583, as amended by PL 1991, c. 99, §19, is 
further amended to read: 
§4583. 
Application 
Nothing in this Act may be construed to prohibitor limit 
the exercise of the privilege of every person and the agent of 
any person having the right to sell, rent, lease or manage a 
housing accommodation to set up and enforce specifications in the 
selling, renting, leasing or letting or in the furnishings of 
facilities or services in connection with the facilities wRieR 
that are not based on the race, color, sex, sexual orientation, 
physical or mental disability, 
religion, 
country of ancestral 
origin, 
familial 
status or 
the 
receipt of public assistance 
payments of any prospective or actual purchaser, lessee, tenant 
or occupant. 
Nothing in this Act may be 
construed to prohibit 
or limit the exercise of the privilege of every person and the 
agent of 
any person making 
loans 
for 
or offering financial 
assistance 
in 
the 
acquisition, 
construction, 
rehabilitation, 
repair or maintenance of housing accommodations, to set standards 
and preferences, terms, conditions, limitations or specifications 
lor the granting of loans or financial 
a~sistance wsies that are 
not based on the race, color, sex, sexual orientation, physical 
or mental disability, 
religion, 
country of ancestral origin, 
familial status or the receipt of public assistance payments of 
the applicant for 
a 
loan or financial assistance orT of any 
existing or prospective owner, 
lessee, 
tenant or occupant of 
housing accommodation. 
Sec. 15. 5 MRSA §4591, as amended by PL 1991, c. 99, §20, is 
further amended to read: 
§4591. 
Equa~cess to public accommodations 
~e opportunity for every individual to have equal access to 
::places of public accommodation without discrimination because of 
race, 
color, 
sex, 
sexual 
orientation, 
phys ical 
or 
mental 
disability, religion, ancestry or national origin is recognized 
as and declared to be a civil right. 
Sec. 16. 5 MRSA §4592, sub-§§ 1 and 2, as amended by PL 1995, c. 
393, §22, are further amended to read: 
1. 
Denial 
of 
public 
accommodations. 
For 
any 
public 
accommodation or any person who is the owner, 
lessor, lessee, 
proprietor, operator, manager, superintendent, agent or employee 
of any place of public accommodation to directly or indirectly 
refuse, discriminate against or in any manner withhold from or 
deny the full and equal enjoyment to any person, on account of 
race 
or 
color, 
sex, 
sexual 
orientatio~ physical 
or 
mental 
disability, religion, ancestry or national origin, 
any of the 
accommodations, 
advantages, 
facilities, 
goods, 
services 
or 
privileges of public accommodation, or in any manner discriminate 
against any person in the pr ice, terms or conditions upon which 
access to accommodation, advantages, facilities, goods, services 
and privileges may depend. 
For purposes of this subsection, 
unlawful discrimination also 
includes, but is not limited to: 
A. 
The imposition or application of eligibility criteria 
that screen out or tend to screen out an individual with a 
disability or any class of individuals with disabilities 
from 
fully 
and 
equally 
enjoying 
any 
goods, 
services, 
facilities, privileges, advantages or accommodations, unless 
the criteria can be shown to be necessary for the provision 
of the goods, services, facilities, privileges, advantages 
or accommodations being offered; 
B. 
A failure to make reasonable modifications in policies, 
practices or procedures, when modifications are necessary to 
.. 
... 
afford 
the 
goods, 
services, 
facilities, 
privileges, 
advantages 
or 
accommodations 
to 
individuals 
with 
disabilities, unless, in the case of a private entity, the 
private entity can demonstrate that making the modifications 
would fundamentally alter the nature of the goods, services, 
facilities, privileges, advantages or accommodations; 
C. 
A failure to take steps that may be necessary to ensure 
that no individual with a disability is excluded, 
denied 
services, segregated or otherwise treated differently than 
other individuals because of the absence of auxiliary aids 
and services, unless, in the case of a private entity, the 
private entity can demonstrate that taking those steps would 
fundamentally 
alter 
the 
nature 
of 
the 
good, 
service, 
facility, 
privilege, 
advantage 
or 
accommodation 
being 
offered or would result in an undue burden; 
D. 
A private entity's 
failure 
to 
remove 
architectural 
barriers and communication barriers that are structural in 
nature in existing facilities and transportation barriers in 
existing 
vehicles 
and 
rail 
passenger 
cars 
used 
by 
an 
establishment for 
transporting individuals, 
not including 
barriers that can be removed only through the retrofitting 
of vehicles or rail passenger cars by the installation of a 
hydraulic 
or 
other lift, 
where 
the 
removal 
is 
readily 
achievable; 
When 
the entity 
can 
demonstrate 
that the 
removal 
of 
a 
barr ier under this paragraph is not readily achievable, 
a 
failure to make the goods, services, facilities, privileges, 
advantages or accommodations available through alternative 
methods if alternative methods are readily achievable; and 
E. 
A qualified individual with a disability, by reason of 
that disability, 
being excluded from participation in or 
being denied the benefits of 
the 
services, 
programs 
or 
activities 
of 
a 
public 
entity, 
or 
being 
subjected 
to 
discrimination by any such entity; 
2. 
Cotmlunication, notice or advertisement. 
For any person 
to directly or indirectly publish, display or communicate any 
notice 
or 
advertisement 
to 
the 
effect 
that 
any 
of 
the 
accommodations, 
advantages, 
facilities 
and 
privileges 
of 
any 
place 
of public 
accommodation are 
refused, 
withheld 
from 
or 
denied to any person on account of race or color, sex, sexual 
orientation, physical or mental disability, religion, ancestry or 
national origin, or that the patronage or custom of any person 
belonging to or purporting to be of any particular race or color, 
sex, sexual orientation, physical or mental disability, religion, 
ancestry or national origin is unwelcome, objectionable or not 
acceptable, 
desired 
or 
solicited, 
or 
that 
the 
clientele is 
restricted to any particular race or color, sexual orientation, 
physical or mental disability, 
religion, 
ancestry or national 
origin. 
The 
production 
of 
any 
communication, 
notice 
or 
advertisement purporting to relate to any place of accommodation 
is 
presumptive 
evidence 
in 
any 
action that 
the 
action 
was 
authorized by its owner, manager or proprietor; 
Sec. 17. 5 MRSA §4595, as repealed and replaced by PL 1975, 
c. 770, §40, is amended to read: 
§4595. 
Right to freedom from discrimination solely on basis 
of age, race, color, sex, sexual orientation, marital 
status, ancestry, religion or national origin in any 
credit transaction 
The opportunity for every individual to be extended credit 
without discrimination solely because of anyone or more of the 
following factors: 
A~e ~; race; color; sex; sexual orientation; 
marital 
status; 
ancestry; 
religion 
or 
national 
origin 
is 
recognized as and declared to be a civil right. 
Sec. 18. 5 MRSA §4596, as repealed and replaced by PL 1975, 
c. 770, §4l, is amended to read: 
§4596. 
Unlawful credit extension discrimination 
It shall--Be is 
unlawful 
credi tor to refuse the extension 
on the basis of anyone or more 
credit discrimination 
for 
any 
of credit to any person solely 
of the following factors: 
A~e 
~; race; 
color; 
sex; 
sexual 
orientation; 
marital 
status; 
ancestry; religion or national origin in any credit transaction. 
It shall is not Be unlawful credit discrimination to comply with 
the terms and conditions of any bona fide group credit life, 
accident and health insurance plan, for a financial institution 
extending credit to a married person to require both the husband 
and the wife to sign a note and a mortgage and to deny credit to 
persons under the age of 18 or to consider a person's age in 
determining the terms upon which credit will be extended. 
Sec. 19. 5 MRSA §4612, sub-§4, ~A, as amended by PL 1993, c. 
303, §2, is further amended to read: 
A. 
If the commission finds reasonable grounds to believe 
that 
unlawful 
discrimination 
has 
occurred, 
and 
further 
believes that irreparable injury or great inconvenience will 
be caused the victim of such discrimination or to members of 
a racial, color, sex, sexual orientation, physical or mental 
disability, religiousr or nationality group or age group if 
relief 
is 
not 
immediately 
granted, 
or 
if 
conciliation 
Page ll-LR0084(1) 
• 
efforts 
under 
subsection 
commission may file in the 
seeking such relief as is 
restraining orders. 
have 
not 
succeeded, 
the 
Superior Court a civil action 
appropriate, including temporary 
SUMMARY 
This bill ensures that all citizens, 
regardless of their 
sexual orientation, have the same civil rights protections now 
guaranteed 
in 
employment, 
housing, 
public 
accommodations 
and 
credit to citizens on the basis of race, color, religion, sex, 
age, 
national 
origin 
and 
physical 
or 
mental 
handicap. 
A 
religious organization that does 
not receive public funds is 
exempt 
from 
the 
prohibition 
against 
discrimination 
based 
on 
sexual orientation. 
The bill makes it clear that this change in 
the Maine Human Rights Act does not confer legislative approval 
of or special rights to anyone or any group.