An Act To Protect Certain Information under the Maine Human Rights Act
Maine Legislature, Session 127, LD 1171
Committee: Judiciary
Sponsors: WARREN, KATZ, EVANGELOS, GINZLER, HOBBINS, MOONEN, SHERMAN, BURNS, JOHNSON
Amends: 5 MRSA §4612

Legislative Document 
No. 1171 
H.P. 802 
House of Representatives, March 31, 2015 
An Act To Protect Certain Information under the Maine Human 
Rights Act 
Reference to the Committee on Judiciary suggested and ordered printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative WARREN of Hallowell. 
Cosponsored by Senator KATZ of Kennebec and 
Representatives: EVANGELOS of Friendship, GINZLER of Bridgton, HOBBINS of Saco, 
McCREIGHT of Harpswell, MOONEN of Portland, SHERMAN of Hodgdon, Senators: 
BURNS of Washington, JOHNSON of Lincoln. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §4612, sub-§1, ¶B, as amended by PL 2009, c. 235, §2, is 
further amended to read: 
B.  The commission or its delegated commissioner or investigator shall conduct such 
preliminary investigation as it determines necessary to determine whether there are 
reasonable grounds to believe that unlawful discrimination has occurred. In 
conducting an investigation, the commission, or its designated representative, must 
have access at all reasonable times to premises, records, documents, individuals and 
other evidence or possible sources of evidence and may examine, record and copy 
those materials and take and record the testimony or statements of such persons as are 
reasonably necessary for the furtherance of the investigation. The commission may 
issue subpoenas to compel access to or production of those materials or the 
appearance of those persons, subject to section 4566, subsections 4-A and 4-B, and 
may serve interrogatories on a respondent to the same extent as interrogatories served 
in aid of a civil action in the Superior Court. The commission may administer oaths. 
The complaint and evidence collected during the investigation of the complaint, other 
than data identifying persons not parties to the complaint designated confidential 
under subsection 5, is a matter of public record at the conclusion of the investigation 
of the complaint prior to a determination by the commission.  An investigation is 
concluded upon issuance of a letter of dismissal or upon listing of the complaint on a 
published commission meeting agenda, whichever first occurs.  Prior to the 
conclusion of an investigation, all information possessed by the commission relating 
to the investigation is confidential and may not be disclosed, except that the 
commission and its employees have discretion to disclose such information as is 
reasonably necessary to further the investigation.  Notwithstanding any other 
provision of this section, the complaint and evidence collected during the 
investigation of the complaint may be used as evidence in any subsequent 
proceeding, civil or criminal.  The commission must conclude an investigation under 
this paragraph within 2 years after the complaint is filed with the commission. 
Sec. 2.  5 MRSA §4612, sub-§5, as amended by PL 2011, c. 613, §20 and affected 
by §29, is repealed and the following enacted in its place: 
5.  Confidentiality.  This subsection governs the confidentiality of certain 
information. 
A.  Records of the commission that are open to the public under Title 1, chapter 13 
must be kept in such a manner as to ensure that: 
(1)  Information identifying a person who is not a party to a complaint under this 
chapter as a complainant or a respondent is not reflected in the record; and 
(2)  Medical records, medical diagnoses, medical information and information 
regarding a complainant's disability is not reflected in the record. 
B.  Information identifying a minor is confidential and records of the commission that 
are open to the public under Title 1, chapter 13 must be kept in such a manner as to 
ensure that information identifying a minor is not reflected in the record. 
C.  Medical records, medical diagnoses, medical information and information 
regarding an individual’s disability are confidential and may not be released without 
the written authorization of the individual who is the subject of the medical records, 
medical diagnoses, medical information and information regarding the disability, 
except that: 
(1)  During an investigation conducted pursuant to subsection 1, the commission 
or its delegated commissioner or investigator may request and is entitled to 
receive access to the complainant’s medical records, medical diagnoses, medical 
information and information regarding any disability experienced by the 
complainant; 
(2)  During an investigation conducted pursuant to subsection 1, medical records, 
medical diagnoses, medical information and information regarding an 
individual’s disability that are used by an investigator must be provided to the 
commission or its delegated commissioner or investigator with the names 
redacted of individuals who are not parties to the complaint, except that, upon 
request, the commission or its delegated commissioner or investigator and the 
complainant may receive unredacted records; 
(3)  During an investigation conducted pursuant to subsection 1, if the case 
relates to the complainant’s medical diagnoses or disability, the respondent is 
entitled to receive unredacted copies of the complainant’s medical records, 
medical diagnoses, medical information and information regarding any disability 
experienced by the complainant, if: 
(a)  The complainant authorizes that disclosure to the respondent by signing 
the medical release form provided by the commission; and 
(b)  The respondent signs the nondisclosure agreement provided by the 
commission; 
(4)  Nothing in this paragraph may be construed to limit the ability of the 
commission during the pendency of an investigation or during its deliberations on 
a complaint at a public hearing to consider or discuss a complainant’s medical 
records, medical diagnoses, medical information and information regarding any 
disability experienced by the complainant if that information is relevant to 
consideration of and deliberation on the complaint; and 
(5)  The commission may provide to the parties to a complaint and their counsel 
an unredacted copy of an investigator’s report concerning that complaint. 
Nothing in this paragraph may be construed to limit the ability of a complainant or 
other individual to provide written authorization to disclose the complainant's or the 
individual's own medical records, medical diagnoses, medical information and 
information regarding the complainant's or the individual's disability. 
SUMMARY 
This bill protects from public disclosure information in the records of the Maine 
Human Rights Commission that identifies minors.  It also designates as confidential 
medical records, medical diagnoses, medical information and information regarding an 
individual’s disability contained in the commission's records.  The bill specifies that 
medical records, medical diagnoses, medical information and information regarding an 
individual’s disability may not be disclosed without the written authorization of the 
individual who is the subject of the medical records or medical diagnoses and provides 
specific exceptions designed to authorize disclosure necessary to further investigation of 
and deliberation on complaints.