An Act To Prohibit Sexual Harassment as a Subject Matter of Mandatory Arbitration in Employment Contracts
Maine Legislature, Session 129, LD 1250
Committee: Labor and Housing
Sponsors: TIPPING, LAWRENCE, BAILEY, DAUGHTRY, GRAMLICH, MELARAGNO, SYLVESTER, POULIOT
Amends: 26 MRSA §806, 26 MRSA §808

Legislative Document
No. 1250
H.P. 911
House of Representatives, March 14, 2019
An Act To Prohibit Sexual Harassment as a Subject Matter of 
Mandatory Arbitration in Employment Contracts
Reference to the Committee on Labor and Housing suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative TIPPING of Orono.
Cosponsored by Senator LAWRENCE of York and
Representatives: BAILEY of Saco, DAUGHTRY of Brunswick, GRAMLICH of Old Orchard 
Beach, MELARAGNO of Auburn, SYLVESTER of Portland, Senator: POULIOT of 
Kennebec.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  26 MRSA §806, sub-§§1-B and 3-A are enacted to read:
1-B.  Arbitration.  "Arbitration" means the use of a decision-making forum 
conducted by an arbitrator or panel of arbitrators within the meaning of and subject to 
Title 14, chapter 706.
3-A.  Mandatory arbitration clause.  "Mandatory arbitration clause" means a term 
or provision in a written contract that requires the parties to the contract to submit any 
matter arising under the contract to arbitration prior to the commencement of any legal 
action to enforce the provisions of the contract.
Sec. 2.  26 MRSA §808 is enacted to read:
§808.  Mandatory arbitration clauses related to sexual harassment prohibited
1.  Prohibition.  Except when inconsistent with federal law, a written contract 
entered into on or after the effective date of this section may not contain a mandatory 
arbitration clause that requires as a condition of the enforcement of the contract or 
obtaining remedies under the contract that the parties submit to mandatory arbitration to 
resolve any allegation or claim of an unlawful discriminatory practice of sexual 
harassment and that also further provides language to the effect that the facts found or 
determination made by the arbitrator or panel of arbitrators in its application to a party 
alleging an unlawful discriminatory practice based on sexual harassment is final and not 
subject to independent court review.
2.  Exceptions.  Nothing in this section may be construed to impair or prohibit an 
employer from incorporating within a contract a clause or other mandatory arbitration 
provision not prohibited under subsection 1 upon which the parties agree.
3.  Mandatory arbitration clause related to sexual harassment void.  Except when 
inconsistent with federal law, the provisions of a clause prohibited under subsection 1 are 
void. The inclusion of such a clause in a written contract does not impair the 
enforceability of any other provision of the contract.
4.  Conflict.  If there is a conflict between any collective bargaining agreement and 
this section, the agreement controls.
Sec. 3.  Maine Revised Statutes headnote amended; revision clause.  In the 
Maine Revised Statutes, Title 26, chapter 7, subchapter 4-B, in the subchapter headnote, 
the words "sexual harassment policies" are amended to read "sexual harassment" and the 
Revisor of Statutes shall implement this revision when updating, publishing or 
republishing the statutes.
SUMMARY
This bill prohibits an employment contract entered into after the effective date of this 
legislation from including a clause that requires arbitration of a sexual harassment 
allegation or claim and makes any such clause void.  The bill does not affect the ability of 
an employer to include any other arbitration clause in a contract or to enforce the 
provisions of a contract other than the prohibited clause.