An Act To Protect Victims of Domestic and Sexual Violence in Certain Provisions under the Maine Human Rights Act
Maine Legislature, Session 129, LD 1245
Committee: Judiciary
Sponsors: STOVER, DENK, EVANGELOS, FAY, HARNETT, LANDRY, MATLACK, WARREN
Amends: 5 MRSA §4553, 5 MRSA §4572, 5 MRSA §4591, 5 MRSA §4592

Legislative Document
No. 1245
H.P. 906
House of Representatives, March 14, 2019
An Act To Protect Victims of Domestic and Sexual Violence in 
Certain Provisions under the Maine Human Rights Act
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative STOVER of Boothbay.
Cosponsored by Representatives: DENK of Kennebunk, EVANGELOS of Friendship, FAY of 
Raymond, HARNETT of Gardiner, LANDRY of Farmington, MATLACK of St. George, 
McCREIGHT of Harpswell, WARREN of Hallowell.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §4553, sub-§9-A, as enacted by PL 1995, c. 393, §8, is amended 
to read:
9-A.  Reasonable accommodation.  For purposes of subchapter III, "reasonable 
accommodation" may include, but is not limited to:
A.  Making existing facilities used by employees readily accessible to and usable by 
individuals with disabilities; and
B.  Job restructuring, part-time or modified work schedules, reassignment to a vacant 
position, acquisition or modification of equipment or devices, appropriate adjustment 
or modifications of examinations, training materials or policies, the provision of 
qualified readers or interpreters and other similar accommodations for individuals 
with disabilities.; and
C.  For an employee who is a victim of domestic or sexual violence, allowing the 
employee to take time off to obtain or attempt to obtain a restraining order or any 
other judicial relief to help ensure the employee's health, safety or welfare or the 
health, safety or welfare of the employee's child; to seek legal assistance and prepare 
for or attend court-related proceedings; to seek medical or psychological care; to 
obtain services from a domestic violence shelter or program or rape crisis center; to 
participate in safety planning; to locate safe housing or secure the employee's home; 
or to relocate.  An employer may require a victim of domestic or sexual violence 
seeking such leave as a reasonable accommodation to exhaust annual leave, vacation 
leave, personal leave and sick leave.
Sec. 2.  5 MRSA §4553, sub-§11 is enacted to read:
11.  Victim of domestic or sexual violence.  "Victim of domestic or sexual violence" 
means an individual who is the victim of: 
A.  Domestic violence assault under Title 17-A, section 207-A;
B.  Domestic violence criminal threatening under Title 17-A, section 209-A;
C.  Terrorizing under Title 17-A, section 210;
D.  Stalking under Title 17-A, section 210-A;
E.  Domestic violence terrorizing under Title 17-A, section 210-B; or
F.  Domestic violence stalking under Title 17-A, section 210-C.
Sec. 3.  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, religion, age, ancestry or national origin, status as a victim of 
domestic or sexual violence, 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, physical or 
mental disability, religion, age, ancestry or national origin, status as a victim of 
domestic or sexual violence, 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, religion, age, ancestry or 
national origin, status as a victim of domestic or sexual violence, 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, 
religion, age, ancestry or national origin, status as a victim of domestic or sexual 
violence, 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, religion, age, 
ancestry or national origin, status as a victim of domestic or sexual violence, 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, religion, age, ancestry 
or national origin, status as a victim of domestic or sexual violence, 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, religion, age, 
ancestry or national origin, status as a victim of domestic or sexual violence, 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, religion, age, ancestry or national origin, status as a victim of 
domestic or sexual violence, 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, religion, age, ancestry 
or national origin, status as a victim of domestic or sexual violence, 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, religion, age, ancestry or national origin, status as a 
victim of domestic or sexual violence, 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, status as a victim of domestic 
or sexual violence, the previous assertion of a claim or right under former Title 
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.
Sec. 4.  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, 
physical or mental disability, religion, ancestry or national origin or status as a victim of 
domestic or sexual violence is recognized as and declared to be a civil right.
Sec. 5.  5 MRSA §4592, sub-§§1 and 2, as amended by PL 2005, c. 10, §17, are 
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, physical or mental 
disability, religion, ancestry or national origin or status as a victim of domestic or sexual 
violence, 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;
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 other lift, where 
the removal is readily achievable;
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;
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, physical or mental disability, religion, ancestry or national 
origin or status as a victim of domestic or sexual violence, or that the patronage or custom 
of any person belonging to or purporting to be of any particular race or color, sex, sexual 
orientation, physical or mental disability, religion, ancestry or national origin or status as 
a victim of domestic or sexual violence is unwelcome, objectionable or not acceptable, 
desired or solicited, or that the clientele is restricted to any particular race or color, sexual 
orientation, physical or mental disability, religion, ancestry or national origin or status as 
a victim of domestic or sexual violence.  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;
SUMMARY
This bill amends certain portions of the Maine Human Rights Act to provide 
protections to victims of domestic and sexual violence.