An Act To Protect Family Caregivers
Maine Legislature, Session 124, LD 0962
Committee: judiciary
Sponsors: DILL, BLISS, HASKELL, HILL, PERCY, PERRY, SIMPSON
Amends: 5 MRSA §4552, 5 MRSA §4553, 5 MRSA §4571, 5 MRSA §4572

Legislative Document 
No. 962 
H.P.664 
House of Representatives, March 10, 2009 
An Act To Protect Family Caregivers 
Reference to the Committee on judiciary suggested and ordered printed. 
Presented by Representative DILL of Cape Elizabeth. 
Cosponsored by Senator BLISS of Cumberland and 
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MILLICENT M. MacFARLAND 
Clerk 
Representatives: BRIGGS Of Mexico, CORNELL du HOUX of Brllnswick, HASKELL of 
Portland, HILL of York, WALSH INNES ofYmIDouth, PERCY of Phippsburg, PERRY of 
Calais, Senator: SIMPSON of Androscoggin. 
Printed lHl recycled pnpcr 
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( 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §4552, as amended by PL 2005, c. 10, §1, 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 correCtfvemeasures 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 family caregiver status 
or 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, sexual orientation or physical or mental disability. 
Sec. 2. 5 MRSA §4553, sub-§5-B is enacted to read: 
5-B. Family caregiver. "Family caregiver" means a person who cares for a family 
member. 
Sec. 3. 5 MRSA §4553, slllb-§5-C is enacted to read: 
5-C. Family member. "Family member" means a person's child, parent, spouse, 
domestic partner or sibling. 
Sec. 4. 5 MRSA §4571, as amended by PL 2005, c. 10, §10, 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 orientation, physical or mental disability, family 
caregiver status, religion, age, ancestry or national origin is recognized as and declared to 
be a civil right. 
Sec. 5. 5 MRSA §4572, sub-§1, as amended by PL 2005, c. 10, §§ 11 and 12, is 
further amended to read: 
1. Unlawful employment. It is unlawful employment discrimination, in violation of 
this Act, except when based on a bona fide occupational qualification: 
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, family caregiver status, religion, age, ancestry or national origin, 
because of the applicant's previous assertion of a claim or right under former Title 39 
Page I - 124LRI444(OI)-1 
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or Title 39-A or because of previous actions taken by the applicant that are protected 
under Title 26, chapter 7, subchapter 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, family 
caregiver status, 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 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 orientation, physical or mental disability, family caregiver status, 
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 5-B; or to comply with an employer's request for the referral of job 
applicants if a request indicates either 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, family caregiver status, 
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 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, family caregiver 
status, 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 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 orientation, physical or mental disability, family caregiver status, 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 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 limitation 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 
apprenticeship program. The employer or labor organization bears the burden of 
demonstrating that such a relationship exists; 
D. 
For any employer, employment agency or labor organization, prior to 
employment or admission to membership of any individual, to: 
(1) Elicit or attempt to elicit information directly or indirectly pertaining to race 
or color, sex, sexual orientation, physical or mental disability, family caregiver 
status, 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 5-B; 
(2) Make or keep a record of race or color, sex, sexual orientation, physical or 
mental disability, family caregiver status, 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 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, family caregiver 
status, 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 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, family caregiver status, 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 5-B; 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, family caregiver status, religion, age, ancestry or national origin, the 
previous assertion of a claim or right under former Title 39 or Title 39-A or 
) 
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because of previous actions that are protected under Title 26, chapter 7, 
subchapter 5-B, of that group; or 
E. For an employer, employment agency or labor organization to discriminate in any 
manner against individuals because they have opposed a practice that would be a 
violation of this Act or because they have made a charge, testified or assisted in any 
investigation, proceeding or hearing under this Act. 
SUMMARY 
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This bill amends the Maine Human Rights Act to expand the protections against 
discrimination in employment to include family caregivers. "Family caregiver" means a 
person who cares for that person's child, parent, spouse, domestic partner or sibling.