An Act To Prohibit Discrimination by Employers and Protect the Privacy of an Applicant for Employment, an Employee or an Employee's Dependents Regarding Reproductive Health Decisions
Maine Legislature, Session 127, LD 1003
Committee Amendment CA_A_H381 (House)
Amends: 5 MRSA §4572

COMMITTEE AMENDMENT" A" to H.P. 698, L.D. 1003, Bill, "An Act To 
Prohibit Discrimination by Employers and Protect the Privacy of an Applicant for 
Employment, an Employee or an Employee's Dependents Regarding Reproductive Health 
Decisions" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 5 MRSA §4572, sub-§l, ~D, as amended by PL 2005, c. 10, § 12, is 
further amended to read: 
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, 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 
menta:! disability, religion, age, ancestry or national origin, any previous asserti,on 
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 req\lires a physical or mental 
examination prior to employment, a privileged record of that examination is 
permissible ifmade 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 5-B. 
This section does not prohibit any officially recognized 
COMMITTEE AMENDMENT 
~ 
COMMITTEE AMENDMENT "A·" to H.P. 698, L.D. 1003 
government agency from keeping records pennitted to be kept under this Act in 
order to provide free services to individuals requesting rehal;lilitation 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 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, 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 5-B, of that group; Sf 
Sec. 2. 5 MRS A §4572, su b-§ 1, ~, as amended by PL 1991, c. 99, § 7, is fmther 
amended to read: 
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 Ach~ 
Sec. 3. 5 MRSA §4572, sub-§l, '~F and G are enacted to read: 
F. For an employer, employment agency or labor organization to discriminate in any 
manner against an employee or an applicant for emploYment based on the use of a 
particular drug, device or medical service related to reproductive health decisions of 
the employee, the employee's dependent or the applicant; or 
G. For an employer, employment agency or labor organization to obtain or inquire 
about personal infonnation regarding reproductive health decisions, including but not 
limited to a decision to use a particular drug, device or medical service, of an 
employee, an employee's dependent or an appIica~t, without the prior infonned 
affirmative written consent of the employee or applicant.' 
. 
SUMMARY 
This amendment, which is the majority report of the committee, replaces the bill. It 
amends the Maine Human Rights Act to expand the protection from employment 
discrimination to cover the use of a particular drug, device or medical service related to 
the reproductiv~ health decisions of employees, the dependents of employees and 
applicants for employment. It also prohibits an employer, employment agency or labor 
organization from obtaining or inquiring about infonnation about reproductive health 
decisions of an employee, an employee's dependent or an applicant for employment. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: OS/28/15 
k'ac 
LD 1003 
LR 1158(02) 
An Act To Prohibit Discrimination by Employers and Protect the Privacy of an Applicant for 
Employment, an Employee or an Employee's Dependents Regarding Reproductive Health De~~ions 
Fiscal Note for Bill as Amended by Committee Amendment 'A' l ~I ,.3 '8 !) 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Increases the number of civil suits. 
The collection of additional filing fees may also increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
., 
Any additional costs to the Maine Human Rights Commission are expected to be minor and can be absorbed utilizing 
existing budgeted resources. 
LRllS8()2)- Fiscal Note - Page 1 of 1