An Act To Improve Consistency within the Maine Human Rights Act
Maine Legislature, Session 129, LD 1703
Committee: Judiciary
Sponsors: BAILEY
Amends: 5 MRSA §4552, 5 MRSA §4553, 5 MRSA §4571, 5 MRSA §4572, 5 MRSA §4572-A, 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 §4602, 5 MRSA §4612, 5 MRSA §4634

Legislative Document
No. 1703
H.P. 1218
House of Representatives, May 8, 2019
An Act To Improve Consistency within the Maine Human Rights 
Act
Submitted by the Maine Human Rights Commission pursuant to Joint Rule 204.
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative BAILEY of Saco.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  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, housing, 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, discrimination on account of age or because of the 
previous assertion of a claim or right against another prior employer under former Title 
or Title 39-A and in housing because of familial status; and to prevent discrimination 
in the extension of credit on account of age, race, color, sex, sexual orientation, marital 
status, religion, ancestry or national origin; and to prevent discrimination in education on 
account 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. 2.  5 MRSA §4553, sub-§5-A, as enacted by PL 1989, c. 245, §2, is amended 
to read:
5-A.  Familial status.  "Familial status" means that a family unit may contain one or 
more individuals who have not attained the age of 18 years and are living with:
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 
permission of the parent or other person; or
B.  The designee of the parent or other person having custody, with the written 
permission of the parent or other person 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 shall apply 
to any person who is pregnant or who is in the process of securing legal custody of any 
individual who has not attained the age of 18 years.
Sec. 3.  5 MRSA §4553, sub-§10, ¶G, as amended by PL 2011, c. 613, §9 and 
affected by §29, is further amended to read:
G.  Discrimination in employment, housing, public accommodation, credit and 
educational opportunity on the basis of sexual orientation, 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 4602, 
subsection 4 .
Any for-profit organization owned, controlled or operated by a religious association 
or corporation and subject to the provisions of the Internal Revenue Code, 26 United 
States Code, Section 511(a) is not covered by the exemptions set forth in this 
paragraph.
Sec. 4.  5 MRSA §4571, as amended by PL 2005, c. 10, §10, is further amended to 
read:
§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 or, national origin or familial status is recognized as and 
declared to be a civil right.
Sec. 5.  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 or, 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 or, national origin, or familial 
status, 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 or gender identity, physical or mental disability, 
religion, age, ancestry or, 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 or color, sex, sexual orientation or gender identity, physical or 
mental disability, religion, age, ancestry or, 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, 
religion, age, ancestry or, 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 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 or gender identity, physical or mental disability, religion, age, 
ancestry or, 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 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 or gender identity, physical or mental disability, 
religion, age, ancestry or, 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 orientation or gender 
identity, physical or mental disability, religion, age, ancestry or, 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 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 or gender identity, physical or mental disability, 
religion, age, ancestry or, 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.  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 or, 
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 or, national origin, or 
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. 6.  5 MRSA §4572-A, sub-§§2 and 3, as enacted by PL 1979, c. 79, are 
amended to read:
2.  Pregnant persons who are able to work.  It shall be is unlawful employment 
discrimination in violation of this Act, except where based on a bona fide occupational 
qualification, for an employer, employment agency or labor organization to treat a 
pregnant woman person who is able to work in a different manner from other persons 
who are able to work.  For purposes of this subsection, a pregnant person is considered 
able to work if the person can perform the essential functions of the person's position with 
or without reasonable accommodations.  It is unlawful discrimination for an employer to 
refuse to provide to a pregnant employee or applicant for employment reasonable 
accommodations for the person's pregnancy or related medical condition, unless the 
employer can demonstrate that the accommodation would impose an undue hardship on 
the operation of the business of the covered entity.
3.  Pregnant persons who are not able to work.  It shall is also be unlawful 
employment discrimination in violation of this Act, except where based on a bona fide 
occupational qualification, for an employer, employment agency or labor organization to 
treat a pregnant woman person who is not able to work because of a disability or illness 
resulting from pregnancy, or from medical conditions which that result from pregnancy, 
in a different manner from other employees who are not able to work because of other 
disabilities or illnesses.
Sec. 7.  5 MRSA §4572-A, sub-§4, as amended by PL 1995, c. 393, §14, is 
further amended to read:
4.  Employer not responsible for additional benefits.  Nothing in this section may 
be construed to mean that an employer, employment agency or labor organization is 
required to provide sick leave, a leave of absence, medical benefits or other benefits to a 
woman person because of pregnancy or other medical conditions that result from 
pregnancy, if the employer, employment agency or labor organization does not also 
provide sick leaves, leaves of absence, medical benefits or other benefits for the 
employer's other employees and is not otherwise required to provide those leaves or 
benefits under other state or federal laws.  Reasonable accommodations to enable a 
pregnant person to be able to work are not considered additional benefits.
Sec. 8.  5 MRSA §4573-A, sub-§§1 and 2, as enacted by PL 1995, c. 393, §21, 
are amended to read:
1.  General provisions.  It is a defense to a charge of discrimination under this 
subchapter that an alleged application of qualification standards, tests or selection criteria 
that screen out or tend to screen out or otherwise deny a job or benefit to an individual 
with a disability based on protected class status has been shown to be job-related and 
consistent with business necessity, and such performance can not be accomplished by 
reasonable accommodation, as required by this subchapter.
2.  Religious entities.  This subchapter does not prohibit a bona fide nonprofit 
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 bona fide nonprofit 
religious organization that does not receive public funds may require that all applicants 
and employees conform to the religious tenets of that organization.
Sec. 9.  5 MRSA §4581, first ¶, 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. 10.  5 MRSA §4581-A, sub-§1, ¶¶A to E, as enacted by PL 2011, c. 613, 
§11 and affected by §29, are amended to read:
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, ancestry, 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, ancestry, national origin or familial status of the tenant;
Sec. 11.  5 MRSA §4581-A, sub-§2, ¶¶A to E, as enacted by PL 2011, c. 613, 
§11 and affected by §29, are amended to read:
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;
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, ancestry, 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. 12.  5 MRSA §4581-A, sub-§3, ¶¶A and B, as enacted by PL 2011, c. 613, 
§11 and affected by §29, are amended to read:
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. 13.  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, country 
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 
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. 14.  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. 15.  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; and
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;
Sec. 16.  5 MRSA §4592, sub-§1-A is enacted to read:
1-A.  Public entities.  For any public entity to discriminate against, exclude from 
participation in, or otherwise deny the benefits of the services, programs or activities of a 
public entity to any individual by reason of the individual's race, color, sex, sexual 
orientation or gender identity, age, physical or mental disability, religion, ancestry or 
national origin;
Sec. 17.  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. 18.  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. 19.  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 
orientation or gender identity; marital status; ancestry; religion; or national origin is 
recognized as and declared to be a civil right.
Sec. 20.  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 discrimination 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; 
color; 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. 21.  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 and, 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 or, race, color or religion is recognized and declared to be a civil 
right.
Sec. 22.  5 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.  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, discrimination 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 gender 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.
2.  Unlawful educational discrimination on the basis of physical or mental 
disability.  It is unlawful educational discrimination in violation of this Act solely on the 
basis of physical or mental disability to:
A.  Exclude from participation in, deny the benefits of or subject to discrimination 
under any educational program or activity any otherwise qualified individual with 
physical or mental disability;
B.  Deny any person equal opportunity in athletic programs, provided that no 
educational institution may be required under this subsection to provide separate 
athletic programs to serve persons with physical or mental disability;
C.  Deny admission to any institution or program or fail to provide equal access to 
and information about an institution or program through recruitment; or
D.  Deny financial assistance availability and opportunity.
Nothing in this subsection may be construed 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 educational discrimination in violation of this Act, on the basis of national 
origin or race, to:
A.  Exclude a person from participation in, deny a person the benefits of, or subject a 
person to, discrimination in any academic, extracurricular, research, occupational 
training or other program or activity;
B.  Deny admission to the institution or program or to fail to provide equal access to 
and information about an institution or program through recruitment; or
C.  Deny financial assistance availability and opportunity.
4.  Unlawful education discrimination on the basis of sexual orientation.  It is 
unlawful education discrimination in violation of this Act, on the basis of sexual 
orientation, to:
A.  Exclude a person from participation in, deny a person the benefits of or subject a 
person to discrimination 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 their sexual 
orientation;
D.  Deny admission to the institution or program or to fail to provide equal access to 
any information about an institution or program through recruitment; or
E.  Deny financial assistance availability and opportunity.
The provisions in this subsection relating to sexual orientation do not apply to any 
education facility owned, controlled or operated by a bona fide religious corporation, 
association or society.
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 bona fide nonprofit religious corporation, 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. 23.  5 MRSA §4612, sub-§4, ¶A, as amended by PL 2011, c. 613, §19 and 
affected by §29, is further amended to read:
A.  If the commission finds reasonable grounds to believe that unlawful 
discrimination has occurred, and further believes that irreparable injury or great 
inconvenience will be caused the victim of such discrimination or to members of a 
racial, color, sex, sexual orientation or gender identity, physical or mental disability, 
religious or nationality group or age group if relief is not immediately granted, or if 
conciliation efforts under subsection 3 have not succeeded, the commission may file 
in the Superior Court a civil action seeking such relief as is appropriate, including 
temporary restraining orders.  In a complaint investigated pursuant to a memorandum 
of understanding between the commission and the United States Department of 
Housing and Urban Development that results in a reasonable grounds determination, 
the commission shall file a civil action for the use of complainant if conciliation 
efforts under subsection 3 are unsuccessful.
Sec. 24.  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 her the 
person's baby in any location, public or private, where the mother person is otherwise 
authorized to be.
SUMMARY
The purpose of this bill is to address inconsistencies in the protections provided in 
different areas of jurisdiction under the Maine Human Rights Act.  The bill provides 
more inclusive protection by:
1.  Including adult family members dependent for care in the definition of "familial 
status";
2.  Including familial status as a protected class in employment;
3.  Including age as a protected class in public accommodations;
4.  Providing that public entities cannot discriminate on the basis of protected class; 
and
5.  Clarifying the scope of the Maine Human Rights Act application in education.
The bill also clarifies the protections provided to pregnant persons in employment 
and that the sexual orientation provisions already in the Maine Human Rights Act extend 
to gender identity.