An Act To Amend the Statu.t~ of Limitations under the Maine Human Rights Act
Maine Legislature, Session 124, LD 1108
Committee: judiciary
Sponsors: DILL, BLISS, BRYANT, HINCK
Amends: 5 MRSA §4611, 5 MRSA §4612, 5 MRSA §4613

Legislative Document 
No. 1108 
H.P.763 
House of Representatives, March 20, 2009 
An Act To Amend the Statu.t~ of Limitations under the Maine 
Human Rights Act 
Reference to the Committee on judiciary suggested and ordered printed. 
11/!v~ 1n.1J?ILC~{ 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative DILL of Cape Elizabeth. 
Cosponsored by Senator BLISS of Cumberland and 
Representatives: BRYANT of Windham, HINCK of Portland. 
Print~t..Illll rccyclt!t..I p<Jpt:1 
Be it enacted by the People of the State of Maine as follows: 
. Sec. 1. 5 MRSA §4611, as amended by PL 1995, c. 393, §28, is further amended 
to. read: 
§4611. Complaint. 
. Any persan who. believes that the persan has been subject to. unlawful discriminatian, 
ar any emplayee .af the cammissian, may file a camplaint under aath with the 
cammissian stating the facts cancerning the alleged discriminatian, provided except that 
such camplaints must 'be filed with the cammissian nat mare than 6 months 300 days 
after' the alleged act af unlawful discriminatian: In additian, any persan may fiie a 
camplaint pursuant to. sectian 4632. 
Sec. 2. 5 MRSA §4612, sub-§l, ~, as amended by PL 2007, c. 243, §6, is 
further amended to. read: 
. 
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34. 
B. 
The cammissian ar its delegated cammissianer ar investigatar. shall canduct 
such preliminary investigatian as it determines necessary to. determine whether there 
are reasanable graunds to believe that unlawful discriminatian has accurred. In 
canducting an investigatian, the cammissian, or its designated representative, must 
have access at all reasonable times to. premises, records, dacuments, individuals and 
other evidence ar passible saurces af evidence and may examine, recard and capy 
. thase materials and take and recard the testimany ar statements af such persans as are 
reasanably necessary far the furtherance af the investigatian. The cammissian may 
issue subpaenas to. campelaccess. to. ar productian af thase materials or the 
appearance af thase persans, subject to. sectian 4566, subsectians 4-A and 4-B, and 
may serve interragataries an a respandent to. the same extent as interragataries served 
in aid af a civil actian in the Superior Caurt. The cammissian may administer aaths. 
The camplaint and evidence callected during the investigatian afthe camplaint, ather 
than data identifying persans nat parties to. the ca'mplaint, is a matter af public record 
at the canclusian af the investigatian af the camplaint priar to. a determinatian by the 
carnrnlssian. An investigatian is cancluded upan issuance af a letter af dismissal or 
upan listing af the camplaint an a published cammissian meeting agenda, whichever 
first accurs. Priar to. the canclusian af an investigatian, all infannatian passessed by· 
the cammissian relating to. the investigatian is canfidential and may nat be disclased, 
except that the commissian and its emplayees have discretian to. disclase such 
infannatian as is reasanably necessary to. further the investigatian. Natwithstanding 
any ather provisian af this sectIan, the camplaint and evidence colleCted during the 
investigatian af the . camplaint may be used as evidence in any subsequent 
proceeding, civil or criminal. The cammissianmust canclude an investigatian under 
this paragraph within 2 years af the alleged act af discrimination. 
Sec. 3.5 MRSA §4613, sub-§2, ~C, as amended by PL 1975, c. 357, §2, is' 
further amended to. read: 
C. 
The actian Bhall must be cammenced nat more than 2 years 90 days after th~ aet 
of unlavlful discrimination comPlained of. issuance af a right-ta-sue letter under 
sectian 4612, subsectian 6; and 
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SUMMARY 
This bill changes the statute of limitations under the Maine Human Rights Act from 6 
months to 300 days after an alleged act of discrimination to file a complaint with the 
commission, requires the Maine Human Rights Commission to conclude its investigation 
of a complaInt within 2 years of the alleged act of discrimination and changes the time 
frame to file a lawsuit from 2 years after the alleged act of discrimination to 90 days after 
the issuance of a right~to-sue letter.