An Act To Improve Consistency within the Maine Human Rights Act
Maine Legislature, Session 129, LD 1703
House Amendment HA_C_H665 (House)
Amends: 5 MRSA §1825-L, 5 MRSA §4552, 5 MRSA §4553, 5 MRSA §4571, 5 MRSA §4572, 5 MRSA §4573-A, 5 MRSA §4581, 5 MRSA §4581-A, 5 MRSA §4583, 5 MRSA §4591, 5 MRSA §4592, 5 MRSA §4595, 5 MRSA §4596, 5 MRSA §4601, 5 MRSA §4634, 5 MRSA §4684-A, 5 MRSA §17057, 14 MRSA §1202-A, 17-A MRSA §1501, 20-A MRSA §2404, 20-A MRSA §2412, 24-A MRSA §6910, 25 MRSA §1544, 30-A MRSA §4706, 34-B MRSA §3611, 34-B MRSA §15002, 36 MRSA §5122

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' to H.P. 1218, L.D. 1703, Bill, "An Act To Improve 
Consistency within the Maine Human Rights Act" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Improve Consistency in the Maine Human Rights Act and Related 
Statutes' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 5 MRSA §1825-L, sub-§2, 1fA, as enacted by PL 2001, c. 439, Pt. 
NNNN, §1, is amended to read: 
A. Comply with all applicable wage, health, labor, environmental and safety laws, 
legal guarantees of freedom of association, building and fire codes and laws relating 
to discrimination in hiring, promotion or compensation on the basis of race, 
disability, national origin, gender, sexual orientation, gender identity or affiliation 
with any political, nongovernmental or civic group except when federal law 
precludes the State from attaching the procurement conditions provided in this 
subchapter. 
Sec, 2. 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 corrective measures may, 
where possible, be promptly recommended and implemented, and to prevent 
discrimination in employment, housing, education, extension of credit or access to public 
accommodations on account of an individual's actual or perceived race, color, sex, sexual 
orientation or gender identity, physical or mental disability, religion, ancestry or national 
origin; and in employment, extension of credit and access to public accommodations on 
the basis of age: and in employment and housing on the basis of familial status: and in 
employment, disorimina-tion. on account of age or because of the previous assertion of a 
claim or right against another prior employer under former Title 39 or Title 39-A arul--m 
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housing because of familial status; and to pre¥ent cliscr.imination in the eKtension of credit 
on account of age, race, color, se~E, seKual orientatioo, marital status, religion, ancestry or 
national origin; and to pre:r;ent discrimination in ocmcation on aooOO:llt of sex, sexual 
orientation or physical or mental disability and because of protected activity under Title 
26, chapter 7, subchapter 5-B, and to prevent discrimination or retaliation on the basis of 
an assertion of rights under this Act or interference with an individual's right to be free 
from discrimination prohibited under this Act. 
Sec. 3. 5 MRSA §4553, sub-§5-A, as amended by PL 2019, c. 464, §1, is further 
amended to read: 
5-A. Familial status. ttFamilial status" means that a family unit may contain ene--ol' 
more individuals v,rho ha•;e not attained 18 years of ago and are living 1Nith: 
A. A One or more individuals who have not attained 18 years of age and are living 
with a parent or another person having legal custody of the individual or individuals 
or the designee of the parent or other person having custody with the written 
pennission of the parent or other person; or 
R 
The designoe of the parent or other person having custody, •,vith the written 
permission of the parent or other person. 
C. One or more individuals who lack the ability to meet essential requirements for 
physical health. safety or self-care because the individual or individuals are unable to 
receive and evaluate information or make or communicate decisions. 
The protections afforded against discrimination on the basis of familial status apply to 
any person who is pregnant or who is in the process of securing legal custody of any 
individual who has not attained 18 years of age. 
Sec. 4. 5 MRSA §4553, sub-§10, ,rG, as amended by PL 2019, c. 464, §1, is 
further amended to read: 
G. 
Discrimination in employment, housing, public accommodation, credit and 
educational opportunity on the basis of sexual orientation or gender identity, except 
that a religious corporation, association or organization that does not receive public 
funds is exempt from this provision with respect to: 
(1) Employment, as is more fully set forth in section 4553, subsection 4 and 
section 4573-A; 
(2) Housing; and 
(3) 
Educational opportunity, as is more fully set forth in section 460:2, 
subsection 4. 
Any for-profit organization owned, controlled or operated by a religious association 
or corporation and subject to the provisions of the Intemal Revenue Code, 26 United 
States Code, Section 51l(a) is not covered by the exemptions set forth in this 
paragraph. 
Sec. 5. 5 MRSA §4571, as amended by PL 2005, c. 10, §10, is further amended to 
read: 
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§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 or gender identity. physical or mental 
disability, religion, age, ancestry et! .. national origin or familial status is recognized as and 
declared to be a civil right. 
Sec. 6. 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 or gender 
identity. physical or mental disability, religion, age, ancestry er., national origin, or 
familial status. 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 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 or gender identity, 
physical or mental disability, religion, age, ancestry et!., national origin, or familial 
status, because of their previous assertion of a claim or right under former Title 3 9 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 or gender identity, physical or mental disability, 
religion, age, ancestty et!.. national origin; or familial status. 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 ol' color, sex, sexual orientation or gender identity, physical or 
mental disability, religion, age, ancestry el' .. national origin, or familial status, 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 or gender identity. physical or mental disability, 
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religion, age, ancestry et' .. national origin; or familial status, because of the applicant's 
previous assertion of a claim or light 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 odentation or gender identity, physical or mental disability, religion, age, 
ancestry et'.. national origin, or familial status, 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 pdor 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 or gender identity. physical or mental disability, 
religion, age, ancestry ei:.. national origin; or familial status, 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 odentation or gender 
identity. physical or mental disability, religion, age, ancestry ei: .. national origin; 
or familial status, 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 pennissible 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 otientation or gender identity. physical or mental disability, 
religion, age, ancestry ei:.. national origin, or familial status, any previous 
assertion of a claim or right under former Title 39 or Title 39~A or any previous 
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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 
or gender identity, physical or mental disability, religion, age, ancestry 01'.1 
national origin, or familial status, 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 or gender identity. 
physical or mental disability, religion, age, ancestry w.. national origin; Q! 
familial status. 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; 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. This paragraph does not in any 
way limit the liability of individuals or entities pursuant to section 4633. 
Sec. 7. 5 MRSA §4573-A, sub-§2, as enacted by PL 1995, c. 393, §21, is 
amended to read: 
2. Religious entities. This subchapter does not prohibit a religious corporation, 
association, educational institution or society that does not receive public funds from 
giving preference in employment to individuals of its same religion to perform work 
connected with the carrying on by the corporation, association, educational institution or 
society of its activities. Under this subchapter, a religious organization that does not 
receive public funds may require that all applicants and employees conform to the 
religious tenets of that organization. 
Sec. 8. 5 MRSA §4581, first tjf, as amended by PL 2011, c. 613, § 10 and affected 
by §29, is further amended to read: 
The opportunity for an individual to secure housing in accordance with the 
individual's ability to pay, and without discrimination because of race, color, sex, sexual 
orientation or gender identity, physical or mental disability, religion, ancestry, national 
origin or familial status is hereby recognized as and declared to be a civil right. 
Sec. 9. 5 MRSA §4581-A, sub-§1, as enacted by PL 2011, c. 613, §11 and 
affected by §29, is amended to read: 
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1. Sale or rental of housing and other prohibited practices. For any owner, 
lessee, sublessee, managing agent or other person having the right to sell or rent or 
manage a housing accommodation, or any agent of these, to: 
A. Make or cause to be made any written or oral inquiry concerning the race or 
color, sex, sexual orientation or gender identity, physical or mental disability, 
religion, ancestty, national origin or familial status of any prospective purchaser, 
occupant or tenant of the housing accommodation; 
B. Refuse to show or refuse to sell, rent, lease, let or otherwise deny to or withhold 
from any person the housing accommodation because of race or color, sex, sexual 
orientation or gender identity. physical or mental disability, religion, ancestry, 
national origin or familial status; 
C. Make, print or publish or cause to be made, printed or published any notice, 
statement or advertisement relating to the sale, rental or lease of the housing 
accommodation that indicates any preference, limitation or discrimination based upon 
race or color, sex, sexual orientation or gender identity. physical or mental disability, 
religion, ancestry, national origin or familial status or an intention to make any such 
preference, limitation or discrimination; 
D. Discriminate against any person because of race or color, sex, sexual orientation 
or gender identity. physical or mental disability, religion, ancestry, national origin or 
familial status in the price, terms, conditions or privileges of the sale, rental or lease 
of any housing accommodations or in the furnishing of facilities or services in 
connection with any housing accommodations; or 
E. Evict or attempt to evict any tenant of any housing accommodation because of the 
race or color, sex, sexual orientation or gender identity. physical or mental disability, 
religion, ancestty, national origin or familial status of the tenant; 
Sec. 10. 5 MRSA §4581-A, sub-§2, as enacted by PL 2011, c. 613, §11 and 
affected by §29, is amended to read: 
2. Selling, brokering or appraising of housing. For any real estate broker or real 
estate salesperson, or any agent of these, to: 
A. Fail or refuse to show any person a housing accommodation listed for sale, lease 
or rent because of race or color, sex, sexual orientation or gender identity, physical or 
mental disability, religion, ancestry, national origin or familial status; 
B. Misrepresent, for the purpose of discriminating because of race or color, sex, 
sexual orientation or gender identity, physical or mental disability, religion, ancestry, 
national origin or familial status, the availability or asking price of a housing 
accommodation listed for sale, lease or rent or for such reason to fail to communicate 
to the person having the right to sell, rent or lease the housing accommodation any 
offer for the same made by any applicant; 
C. 
In any other manner to discriminate against any applicant for a housing 
accommodation because of race or color, sex, sexual orientation or gender identity. 
physical or mental disability, religion, ancestry, national origin or familial status; 
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D. Make or cause to be made any written or oral inquiry or record concerning the 
race or color, sex, sexual orientation or gender identity, physical or mental disability, 
religion, ancestry, national origin or familial status of any applicant for or intended 
occupant of a housing accommodation; or 
E. Accept for listing any housing accommodation when the person having the right 
to sell, rent or lease the housing accommodation has directly or indirectly indicated 
an intention of discriminating among prospective tenants or purchasers on the ground 
of race or color, sex, sexual orientation or gender identity. physical or mental 
disability, religion, anceshy, national origin or familial status, or when the broker or 
salesperson knows or has reason to know that the person having the right to sell, rent 
or lease the housing accommodation has made a practice of discrimination since July 
1, 1972; 
Sec. 11. 5 MRSA §4581-A, sub-§3, as enacted by PL 2011, c. 613, §11 and 
affected by §29, is amended to read: 
3. 
Making of loans; other financial assistance, 
For any person to whom 
application is made for a loan or other form of financial assistance for the acquisition, 
construction, rehabilitation, repair or maintenance of any housing accommodation, 
whether secured or unsecured, or agent of the person, to: 
A. Make or cause to be made any oral or written inquiry concerning the race or 
color, sex, sexual orientation or gender identity, physical or mental disability, 
religion, ancestry, national origin or familial status of any applicant for financial 
assistance or of existing or prospective occupants or tenants of housing 
accommodations; or 
B, Discriminate in the granting of financial assistance, or in the terms, conditions or 
privileges relating to obtaining or the use of any financial assistance, against any 
applicant because of race or color, sex, sexual orientation or gender identity. physical 
or mental disability, religion, ancestry, national origin or familial status; or 
Sec. 12, 5 MRSA §4583, as amended by PL 2007, c. 243, §4, is further amended 
to read: 
§4583. Application 
Nothing in this Act may be construed to prohibit or limit the exercise of the privilege 
of every person and the agent of any person having the right to sell, rent, lease or manage 
a housing accommodation to set up and enforce specifications in the selling, renting, 
leasing or letting or in the furnishings of facilities or services in connection with the 
facilities that are consistent with business necessity and are not based on the race, color, 
sex, sexual orientation or gender identity, physical or mental disability, religion, counhy 
of ancestral origin or familial status of or the receipt of public assistance payments by any 
prospective or actual purchaser, lessee, tenant or occupant. Nothing in this Act may be 
construed to prohibit or limit the exercise of the privilege of every person and the agent of 
any person making loans for or offering financial assistance in the acquisition, 
construction, rehabilitation, repair or maintenance of housing accommodations to set 
standards and preferences, terms, conditions, limitations or specifications for the granting 
of loans or financial assistance that are consistent with business necessity and are not 
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based on the race, color, sex, sexual orientation or gender identity. physical or mental 
disability, religion, country of ancestral origin or familial status of or the receipt of public 
assistance payments by the applicant for a loan or financial assistance or of any existing 
or prospective owner, lessee, tenant or occupant of housing accommodation. 
Sec. 13. 5 MRSA §4591, as amended by PL 2005, c. 10, § 16, is further amended 
to read: 
§4591. Equal access to public accommodations 
The opportunity for every individual to have equal access to places of public 
accommodation without discrimination because of race, color, sex, sexual orientation or 
gender identity. age, physical or mental disability, religion, ancestry or national origin is 
recognized as and declared to be a civil right. 
Sec. 14, 5 MRSA §4592, sub-§1, as amended by PL 2005, c, 10, §17, is further 
amended to read: 
1. Denial of public accommodations. For any public accommodation or any person 
who is the owner, lessor, lessee, proprietor, operator, manager, superintendent, agent or 
employee of any place of public accommodation to directly or indirectly refuse, 
discriminate against or in any manner withhold from or deny the full and equal enjoyment 
to any person, on account of race or color, sex, sexual orientation or gender identity, age, 
physical or mental disability, religion, ancestry or national origin, any of the 
accommodations, advantages, facilities, goods, services or privileges of public 
accommodation, or in any manner discriminate against any person in the price, terms or 
conditions upon which access to accommodation, advantages, facilities, goods, services 
and privileges may depend. 
For purposes of this subsection, unlawful discrimination also includes, but is not limited 
to: 
A. The imposition or application of eligibility criteria that screen out or tend to 
screen out an individual with a disability or any class of individuals with disabilities 
from fully and equally enjoying any goods, services, facilities, privileges, advantages 
or accommodations, unless the criteria can be shown to be necessary for the provision 
of the goods, services, facilities, privileges, advantages or accommodations being 
offered; 
B, A failure to make reasonable modifications in policies, practices or procedures, 
when modifications are necessary to afford the goods, services, facilities, privileges, 
advantages or accommodations to individuals with disabilities, unless, in the case of a 
private entity, the private entity can demonstrate that making the modifications would 
fundamentally alter the nature of the goods, services, facilities, privileges, advantages 
or accommodations; 
C. A failure to take steps that may be necessary to ensure that no individual with a 
disability is excluded, denied services, segregated or otherwise treated differently 
than other individuals because of the absence of auxiliary aids and services, unless, in 
the case of a private entity, the private entity can demonstrate that taking those steps 
would fundamentally alter the nature of the good, service, facility, privilege, 
advantage or accommodation being offered or would result in an undue burden; 
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D. A private entity's failure to remove architectural barriers and communication 
barriers that are structural in nature in existing facilities and transportation barriers in 
existing vehicles and rail passenger cars used by an establishment for transporting 
individuals, not including barriers that can be removed only through the retrofitting of 
vehicles or rail passenger cars by the installation of a hydraulic or othel' lift, where 
the removal is readily achievablet.i. 
When the entity can demonstrate that the removal of a barrier under this paragraph is 
not readily achievable, a failure to make the goods, services, facilities, privileges, 
advantages or accommodations available through alternative methods if alternative 
methods are readily achievable; and 
E. 
A qualified individual with a disability, by reason of that disability, being 
excluded from participation in or being denied the benefits of the services, programs 
or activities of a public entity, or being subjected to discrimination by any such 
entity; 
Sec. 15. 5 MRSA §4592, sub-§2, as amended by PL 2005, c, 10, §17, is further 
amended to read: 
2. 
Communication, notice or advertisement. 
For any person to directly or 
indirectly publish, display or communicate any notice or advertisement to the effect that 
any of the accommodations, advantages, facilities and privileges of any place of public 
accommodation are refused, withheld from or denied to any person on account of race or 
color, sex, sexual orientation or gender identity, age, physical or mental disability, 
religion, ancestry or national origin, or that the patronage or custom of any person 
belonging to or purporting to be of any particular race or color, sex, sexual orientation or 
gender identity, age, physical or mental disability, religion, ancestry or national origin is 
unwelcome, objectionable or not acceptable, desired or solicited, or that the clientele is 
restricted to any particular race or color, sex, sexual orientation or gender identity. age, 
physical or mental disability, religion, ancestry or national origin. The production of any 
communication, notice or advertisement purporting to relate to any place of 
accommodation is presumptive evidence in any action that the action was authorized by 
its owner, manager or proprietor; 
Sec. 16. 5 MRSA §4592, sub-§6, as amended by PL 2007, c, 664, §5, is further 
amended to read: 
6. Association. For a covered entity to exclude or otherwise deny equal goods, 
services, facilities, privileges, advantages, accommodations or other opportunities to an 
individual or entity because of the known disability protected class status of an individual 
with whom the individual or entity is known to have a relationship or association; 
Sec. 17. 5 MRSA §4595, as amended by PL 2005, c. 10, §18, is further amended 
to read: 
§4595. Right to freedom from discrimination solely on basis of age, race, color, sex, 
sexual orientation, gender identity, marital status, ancestry, religion or 
national origin in any credit transaction 
The opportunity for every individual to be extended credit without discrimination 
solely because of any one or more of the following factors: age; race; color; sex; sexual 
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orientation or gender identity: marital status; ancestry; religion_;_ or national origin is 
recognized as and declared to be a civil right. 
Sec. 18. 5 MRSA §4596, as amended by PL 2005, c. 10, §19, is further amended 
to read: 
§4596. Unlawful credit extension discrimination 
It is unlawful credit discdmination for any creditor to refuse the extension of credit to 
any person solely on the basis of any one or more of the following factors: age; race; 
colorj sex; sexual orientation or gender identity: marital status; ancestry; religion_;_ or 
national origin in any credit transaction. It is not unlawful credit discrimination to 
comply with the terms and conditions of any bona fide group credit life, accident and 
health insurance plan, for a financial institution extending credit to a married person to 
require both the husband and the wife to sign a note and a mortgage and to deny credit to 
persons under the age of 18 or to consider a person's age in determining the terms upon 
which credit will be extended. 
Sec. 19. 5 MRSA §4601, as amended by PL 2005, c. 10, §20, is further amended 
to read: 
§4601. Right to freedom from discrimination in education 
The opportunity for an individual at an educational institution to participate in all 
educational, counseling and vocational guidance programs amlA all apprenticeship and 
on-the-job training programs and all extracurricular activities without discrimination 
because of sex, sexual orientation or gender identity, a physical or mental disability, 
ancestry. national origin ef~ race, color or religion is recognized and declared to be a civil 
right. 
Sec. 20. S MRSA §4602, as amended by PL 2005, c. 662, Pt. A, §1, is further 
amended to read: 
§4602. Unlawful educational discrimination 
1. 
Unlawful educational discrimination en the basis of sex. 
It is unlawful 
educational discrimination in violation of this Act, on the basis of sex, sexual orientation 
or gender identity, physical or mental disability, ancestry, national origin, race. color or 
religion, to: 
A Exclude a person from participation in, deny a person the benefits of, or subject a 
person to, discdmination in any academic, extracurricular, research, occupational 
training or other program or activity; 
B. Deny a person equal opportunity in athletic programs; 
C. Apply any rule concerning the actual or potential family or marital status of a 
person or to exclude any person from any program or activity because of pregnancy 
or related conditions or because of sex or sexual orientation or gende1· identity: 
D. Deny a person admission to the institution or program or to fail to provide equal 
access to and information about an institution or program through recruitment; or 
E. Deny a person financial assistance availability and opportunity. 
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2. 
Unlawful edueational discrimination on the basis of physieal or mental 
disability. It is unlawful educational diserimination in violation of this Aot solely on the 
basis of physical or mental disability to: 
A. EKclulie from partioij)ation in, deny fue benefits of or oobjeot to diserimination 
under any educational program or acthiity any othenvise qualified individual with 
physical or mental disability; 
B. 
Deny any person equal opportunity in athletic programs, provided that no 
educatioaal institution may be required under this subsection to provide separate 
athletic pi'ograms to serve persons v;ith physical or mental disability; 
C. Deny admission to aa.y institution or pi'ogram or fail to provide equal access to 
and information about an institution or program through recruitment; or 
D. Deny finaneial assistance a\1ailability and opportunity. 
Nothia:g in this subsection may be constrned to cover the rights of children with 
disabilities to special education programs under state or federal law. 
3. Unlawful educational discrimination on the basis of national origin or race. It 
is unlawful eduoational disorimiaatioa ia yiolation of this A.ct, on the basis of aational 
origin orraoe, to: 
A. &elude a person from participation in, deny a persoo the benefits of, or subject a 
person to, discrimination in any aoademw, eKtraearricular, researeh, oocupational 
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u'a:I:B:rng or ewer program or actrv1ty; 
B. Deny admission to the institution or program or to fail to provide equal aoeess to 
and information about an institution 01· program through recruitment; or 
C. Deny finanoial assistance availability and opportunity. 
4. Unlawful edueation disedmination on the basis of sexual orientation. It is 
unlawful edueation discrimination in violation. of this A.et, oa the basis of sex:eal 
orientation, to: 
A. Bx.elude a porsoa from participation in, deny a person the benefits of or subjeet a 
person to discrimination in any academia, extraeunioular, research, oecupational 
traiaing or other program or aoti>/ity; 
B. Deny a person equal opporttmity in athletic programs; 
C. Apply any rule oonoeming the actual or potential family or marital status of a 
person or to @Kolude any person from any program or activity because of their seKual 
orientation; 
D. Deny admission to the institution or pi'Ogram or to fail to provide equal access to 
any information about an institution or program through recruitment; or 
B. Deny financial assistance availability and opportunity, 
The proYisioas in this subsection relating to seKual orientatioa do not apply to any 
education faeility mvaed, controlled or operated by a bona fide religious corporation, 
association or soeiety. 
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5, Not unlawful education discrimination. Nothing in this section: 
A. 
Requires an educational institution to provide separate athletic or other 
extracurricular programs to serve a person with physical or mental disability: 
B. May be construed to cover the rights of individuals with disabilities to special 
education programs under state or federal law: 
C. Requires a religious comoration, association or society that does not receive 
public funding to comply with this section as it relates to sexual orientation or gender 
identity: or 
D. 
Requires an educational institution to participate in or endorse any religious 
beliefs or practices: to the extent that an educational institution permits religious 
expression, it cannot discriminate between religions in so doing. 
Sec. 21. 5 MRSA §4634, as enacted by PL 2001, c. 206, §1, is amended to read: 
§4634. Right to breast-feed 
Notwithstanding any other provision of law, a mother person may breast-feed he!! the 
person's baby in any location, public or private, where the mother person is otherwise 
authorized to be. 
Sec. 22. 5 MRSA §4684-A, as enacted by PL 1993, c. 379, §1, is amended to 
read: 
· 
§4684-A. Civil rights 
For purposes of this chapter and Title 17, section 2931, a person has the right to 
engage in lawful activities without being subject to physical force or violence, damage or 
destruction of property, trespass on property or the threat of physical force or violence, 
damage or destruction of property or trespass on property motivated by reason of race, 
color, religion, sex, ancestry, national origin, physical or mental disability &.1 sexual 
orientation or gender identity. 
Sec. 23. 5 MRSA §17057, sub-§5, ,rB, as enacted by PL 2011, c. 449, §2, is 
amended to read: 
B. 
Personal information. 
Records containing the following information are 
confidential, except that the records may be examined by the employee to whom they 
relate when the examination is permitted or required by law: 
(1) 
Medical information of any kind, including information pertaining to 
diagnosis or treatment of mental or emotional disorders; 
(2) Performance evaluations and personal references submitted in confidence; 
(3) Information pertaining to the creditworthiness of a named employee; 
(4) Information pertaining to the personal history, general character or conduct 
of members of the employee's immediate family; 
(5) Personal info1mation pertaining to the employee's race, color, religion, sex, 
national origin, ancestry, age, physical disability, mental disability, marital status 
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arui,. sexual orientation and gender identify: social security number; personal 
contact information as provided in Title 1, section 402, subsection 3, paragraph 
O; and personal employment choices pertaining to elected payroll deductions, 
deferred compensation, savings plans, pension plans, health insurance and life 
insurance; and 
(6) 
Complaints, charges or accusations of misconduct, replies to those 
complaints, charges or accusations and any other information or materials that 
may result in disciplinary action. If disciplinary action is taken, the final written 
decision relating to that action is no longer confidential after the decision is 
completed if it imposes or upholds discipline. If an arbitrator completely 
overtums or removes disciplinary action from an employee personnel file, the 
final written decision is public except that the employee's name must be deleted 
from the final written decision and kept confidential. If the employee whose 
name was deleted from the final written decision discloses that the employee is 
the person who is the subject of the fmal written decision, the entire final written 
decision, with regard to that employee, is public. 
For purposes of this subparagraph, "fmal written decision" means: 
(a) The fmal written administrative decision that is not appealed pursuant to 
a grievance arbitration procedure; or 
(b) If the final written administrative decision is appealed to arbitration, the 
final written decision of a neutral arbitrator. 
A final written administrative decision that is appealed to arbitration is no longer 
confidential 120 days after a written request for the decision is made to the 
employer if the final written decision of the neutral arbitrator is not issued and 
released before the expiration of the 120 days. 
This paragraph does not preclude a union representative from having access to 
personnel records that are necessary for the bargaining agent to carry out collective 
bargaining responsibilities. Any records available to union representatives that are 
otherwise covered by this paragraph remain confidential and are not open for public 
inspection; 
Sec. 24. 14 MRSA §1202-A, as corrected by RR 2017, c. 1, §6, is amended to 
read: 
§1202-A, Prohibition of discrimination 
A citizen may not be excluded from jury service in this State on account of race, 
color, religion, sex, sexual orientation as defined in Title 5, section 4553, subsection 9-C, 
gender identify, national origin, ancestry, economic status, marital status, age or physical 
handicap, except as provided in this chapter, 
Sec. 25. 17-A MRSA §1501, sub-§8, ,rB, as enacted by PL 2019, c. 113, Pt. A, 
§2, is amended to read: 
B. The selection by the person of the victim or of the property that was damaged or 
otherwise affected by the crime because of the race, color, religion, sex, ancestry, 
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HOUSEAMENDMENT"C'toH.P.1218,L.D.1703 
national origin, physical or mental disability, sexual orientation, gender identity or 
homelessness of the victim or of the owner or occupant of that property; and 
Sec. 26. 20-A MRSA §2404, sub-§3, as enacted by PL 2011, c. 414, §5, is 
amended to read: 
3. Discrimination prohibited. A public charter school may not discriminate on the 
basis of race, ethnicity, national origin, religion, gender, sexual orientation, gender 
identity, income level, disabling condition, proficiency in the English language or 
academic or athletic ability, except that nothing in this subsection may be construed to 
limit the formation of a public charter school that is dedicated to focusing education 
services on at-risk pupils, students with disabilities and students who pose such severe 
disciplinary problems that they warrant a specific education program, 
Sec. 27. 20-A MRSA §2412, sub-§4, 1A, as enacted by PL 2011, c. 414, §5, is 
amended to read: 
A. A public charter school may not discdminate against any person on the basis of 
race, color, sex, sexual orientation, gender identity, physical or mental disability, 
religion, age, ancestry or national origin or on any other basis that would be unlawful 
if done by a noncharter public school. 
Sec. 28. 24-A MRSA §6910, sub-§3, ~, as corrected by RR 2003, c. 1, §22, is 
amended to read: 
B. Ensure that: 
(1) Providers contracting with a can-ier contracted to provide coverage to plan 
enrollees do not charge plan enrollees or 3rd parties for covered health care 
services in excess of the amount allowed by the carrier the provider has 
contracted with, except for applicable copayments, deductibles or coinsurance or 
as provided in section 4204, subsection 6; 
(2) Providers contracting with a carrier contracted to provide coverage to plan 
enrollees do not refuse to provide services to a plan enrollee on the basis of 
health status, medical condition, previous insurance status, race, color, creed, age, 
national origin, citizenship status, gender, sexual orientation, gender identity, 
disability or marital status. This subparagraph may not be construed to require a 
provider to furnish medical services that are not within the scope of that 
provider's license; and 
(3) Providers contracting with a carrier contracted to provide coverage to plan 
enrollees are reimbursed at the negotiated reimbursement rates between the 
carrier and its provider network. 
Sec. 29. 25 MRSA §1544, 2nd 1, as amended by PL 2001, c. 399, §6, is further 
amended to read: 
The bureau shall establish a category for abuse by adults of family or household 
members, a category for cruelty to animals and a category for crimes that manifest 
evidence of prejudice based on race, religion, disability, sexual odentation, gender 
identity or ethnicity that are supplementary to its other reported information. The bureau 
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shall prescribe the infonnation to be submitted in the same manner as for all other 
categories of the unifonn crime reports. 
Sec. 30. 30-A MRSA §4706, sub-§5, ,rB, as enacted by PL 2017, c. 234, §8, is 
amended to read: 
B. 
Authority records pertaining to an identifiable employee and containing the 
following: 
(1) 
Medical information of any kind, including information pertaining to 
diagnosis or treatment of mental or emotional disorders; 
(2) Perfonnance evaluations and personal references submitted in confidence; 
(3) Infonnation pertaining to the creditworthiness of a named employee; 
(4) Infonnation pertaining to the personal history, general character or conduct 
of members of the employee's immediate family; 
(5) 
Complaints, charges or accusations of misconduct, replies to those 
complaints, charges or accusations and any other information or materials that 
may result in disciplinary action. If disciplinary action is taken, the final written 
decision relating to that action is no longer confidential after the decision is 
completed if it imposes or upholds discipline. The decision must state the 
conduct or other facts on the basis of which disciplinary action is being imposed 
and the conclusions of the acting authority as to the reasons for that action; and 
(6) Personal information, including that which pertains to the employee's: 
(a) Age; 
(b) Ancestry, ethnicity, genetic information, national origin, race or skin 
color; 
(c) Marital status; 
( d) Mental or physical disabilities; 
( e) 
Personal contact infonnation, as described in Title 1, section 402, 
subsection 3, paragraph O; 
(f) Personal employment choices pertaining to elected payroll deductions, 
deferred compensation, saving plans, pension plans, health insurance and life 
insw-ance; 
(g) Religion; 
(h) Sex er.,. sexual orientation as defined in Title 5, section 4553, subsection 
9-C or gender identity: or 
(i) Social security number; and 
Sec. 31. 34-B MRSA §3611, sub-§9, ,rB, as enacted by PL 2007, c. 592, §2, is 
amended to read: 
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B. A person may not be excluded from the council system or discriminated against 
within the council system by reason of race, creed, color, gender, sexual orientation, 
gender identity, age, marital status, homelessness, national origin, disability or status 
as a consumer of mental health services. 
Sec. 32. 34-B MRSA §15002, sub-§6, as enacted by PL 1997, c. 790, Pt. A, §1 
and affected by §3, is amended to read: 
6. Rights protections; cultural sensitivity, The program must protect the rights of 
children to receive care without regard to race, religion, ancestry or national origin, 
gender, physical or mental disability 01'" sexual orientation or gender identity. 
Sec. 33. 36 MRSA §5122, sub-§2, ,ro, as amended by PL 2001, c. 679, §3 and 
affected by §6, is further amended to read: 
0. A Holocaust victim settlement payment received by a Holocaust victim to the 
extent included in federal adjusted gross income. This paragraph applies only to a 
taxpayer who is the first recipient of a Holocaust victim settlement payment. For 
purposes of this paragraph, the following terms have the following meanings. 
(1) "Holocaust victim" means an individual who died, lost property or was a 
victim of persecution as a result of discriminatory laws, policies or actions 
targeted against discrete groups of individuals based on race, religion, ethnicity, 
sexual orientation, gender identity or national origin, whether or not the 
individual was actually a member of any of those groups, or because the 
individual assisted or allegedly assisted any of those groups, between January 1, 
1929 and December 31, 1945, in Nazi Germany or in any European country 
allied with or occupied by Nazi Germany. 
"Holocaust victim" includes the 
spouse or descendant of such an individual. 
(2) 
11Holocaust victim settlement payment" means a payment received: 
(a) As a result of the taxpayer's status as a Holocaust victim; 
(b) As a result of the settlement of any other Holocaust claim, including an 
insurance claim, a claim relating to looted art, a claim relating to looted 
financial assets, a claim relating to slave labor wages or a class action lawsuit 
claim against Swiss banks; or 
(c) As interest on any payment under division (a) or (b) accumulated or 
accrued through the date of payment;' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment incorporates the substance of the bill, as amended by Committee 
Amendment 
11A,
Senate Amendment 
11A
and House Amendment 
11A
and makes the 
following changes: 
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HOUSEAMENDMENT'C "to H.P. 1218, L.D.1703 
1. It strikes from the bill a provision that makes it unlawful public accommodations 
discrimination under the Maine Human Rights Act for any public entity to discriminate 
on the basis of protected class; and 
2. It retains a provision in current law that makes it unlawful discrimination for a 
qualified individual with a disability, by reason of that disability, to be excluded from 
participation in or denied the benefits of the services, programs or activities of a public 
entity or subjected to discrimination by a public entity. 
The amendment also updates the statutory sections to reflect changes in the law that 
were enacted in the First Regular Session of the 129th Legislature, 
FISCAL NOTE REQUIRED 
(See attached) 
\, /c 
SPONSORED BY: \~,~.,,{ 
-------"'-->-..==-------
(Representative BAILEY) 
TOWN: Saco 
HOUSE AMENDMENT 
Approved: o 1/28/20 ?dac 
LD 1703 
LR 2283(09) 
An Act To Improve Consistency within the Maine Human Rights Act 
Fiscal Note for House Amendment ,e_ to Original Bill 
Sponsor: Rep. Bailey of Saco 
Fiscal Note Requil'ed: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Minor revenue increase - Other Special Revenue Funds 
Correctional and Judicial Impact Statements 
This bill may increase the number of civil suits filed in the court system. 
The additional workload associated with the minimal number of new cases filed in the court system does not requi1 
additional funding at this time. 
The collection of additional filing fees may increase General Fund and other dedicated revenue by minor amounts. 
Fiscal Detail and Notes 
This amendment replaces the bill and various amendments but incorporates the substance of them except for striking a 
provision that makes it unlawful public accommodations discrimination under the Maine Human Rights Act for any 
public entity to discriminate on the basis of a protected class and retaining a provision of current law that the original 
bill struck (5 MRSA §4592, subsection 1, paragraph E). Removing these provisions does not significantly change the 
fiscal impact described above. Any additional costs to the Maine Human Rights Commission due to an increase in 
complaints filed are expected to be minor and can be absorbed within existing budgeted resources. 
LR2283(09) - Fiscal Note - Page I of l