An Act To Maintain Consistency among Maine's Nondiscrimination Statutes
Maine Legislature, Session 130, LD 1786
Committee: Judiciary
Sponsors: CARNEY, NEWELL, BAILEY, HICKMAN, LAWRENCE, CARDONE, HARNETT, LAROCHELLE, RECKITT, SHEEHAN
Amends: 4 MRSA §805-A, 5 MRSA §783, 5 MRSA §784, 5 MRSA §785, 5 MRSA §786, 5 MRSA §787, 5 MRSA §789, 5 MRSA §1825-L, 5 MRSA §7051, 10 MRSA §986, 14 MRSA §1202-A, 17 MRSA §1301-A, 21-A MRSA §1014-B, 21-A MRSA §1101, 24-A MRSA §2169-B, 24-A MRSA §2303, 24-A MRSA §6910, 26 MRSA §979-D, 26 MRSA §1285, 30-A MRSA §3010, 30-A MRSA §5724, 33 MRSA §124, 34-B MRSA §3611

Legislative Document
No. 1786
S.P. 624
In Senate, December 9, 2021
An Act To Maintain Consistency among Maine's Nondiscrimination 
Statutes
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Received by the Secretary of the Senate on December 7, 2021.  Referred to the Committee 
on Judiciary pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator CARNEY of Cumberland.
Cosponsored by Representative NEWELL of the Passamaquoddy Tribe and
Senators: BAILEY of York, HICKMAN of Kennebec, LAWRENCE of York, Representatives: 
CARDONE of Bangor, HARNETT of Gardiner, LAROCHELLE of Augusta, RECKITT of 
South Portland, SHEEHAN of Biddeford.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  4 MRSA §805-A, sub-§1, as corrected by RR 2021, c. 1, Pt. B, §23, is 
amended to read:
1.  Certificate of qualification; admission.  Any person who produces a certificate of 
qualification from the board recommending that person's admission to the bar may be 
admitted to practice as an attorney in the courts of this State on motion in open court. A 
person may not be denied the opportunity to qualify for admission because of actual or 
perceived race, creed, color, national origin or sex, sexual orientation, gender identity, 
physical or mental disability, religion, ancestry or national origin, age or familial status.
Sec. 2.  5 MRSA §783, as amended by PL 2021, c. 348, §2, is further amended to 
read:
§783.  Appointment, assignment and promotion of personnel
Officials and supervisory employees shall appoint, assign and promote personnel on 
the basis of merit and fitness, without regard to actual or perceived race, color, religious 
creed, national origin, sex, ancestry, age or sexual orientation, gender identity, physical or 
mental disability, religion, ancestry or national origin, age or familial status, unless related 
to a bona fide occupational qualification. Each appointing authority shall designate an 
affirmative action officer. The officer must be so placed within the agency's organizational 
structure that the officer has direct access to the appointing authority. Each department or 
agency shall prepare an affirmative action program for that department or agency in 
accordance with criteria set forth by the Bureau of Human Resources.
Sec. 3.  5 MRSA §784, sub-§1, as amended by PL 2021, c. 348, §3, is further 
amended to read:
1.  State action.  An agency or individual employee of the State or state-related agency 
may not discriminate because of actual or perceived race, color, religious creed, sex, 
national origin, ancestry, age or sexual orientation, gender identity, physical or mental 
disability, religion, ancestry or national origin, age or familial status while providing any 
function or service to the public, in enforcing any regulation, or in any education, 
counseling, vocational guidance, apprenticeship and on-the-job training programs.  
Similarly, a state or state-related agency contractor, subcontractor, or labor union or 
representative of the workers with which the contractor has an agreement may not 
discriminate unless based on a bona fide occupational qualification.  State agencies or 
related agencies may withhold financial assistance to any recipient found to be in violation 
of the Maine Human Rights Act or the federal Civil Rights Act.  Any state agency or related 
agency shall decline any job order carrying a specification or limitation as to actual or 
perceived race, color, religious creed, sex, national origin, ancestry, age or sexual 
orientation, gender identity, physical or mental disability, religion, ancestry or national 
origin, age or familial status, unless it is related to a bona fide job requirement.
Sec. 4.  5 MRSA §784, sub-§2, ¶A, as amended by PL 2021, c. 348, §4, is further 
amended to read:
A.  The contractor will not discriminate against any employee or applicant for 
employment because of actual or perceived race, color, religious creed, sex, national 
origin, ancestry, age or sexual orientation, gender identity, physical or mental 
disability, religion, ancestry or national origin, age or familial status.  Such action 
includes, but is not limited to, the following: employment, upgrading, demotions, 
transfers, recruitment or recruitment advertising; layoffs or terminations; rates of pay 
or other forms of compensation; and selection for training, including apprenticeship.
Sec. 5.  5 MRSA §784, sub-§2, ¶B, as amended by PL 2021, c. 348, §5, is further 
amended to read:
B.  The contractor will, in all solicitations or advertisements for employees placed by 
or on behalf of the contractor, state that all qualified applicants will receive 
consideration for employment without regard to actual or perceived race, color, 
religious creed, sex, national origin, ancestry, age or sexual orientation, gender identity, 
physical or mental disability, religion, ancestry or national origin, age or familial status.
Sec. 6.  5 MRSA §785, as amended by PL 2021, c. 348, §6, is further amended to 
read:
§785.  State employment services
Any state agency or state-related agency engaged in employment, referral or placement 
service for private industry or public agencies shall fill all job orders on a nondiscriminatory 
basis, and shall decline any job order carrying a specification or limitation as to actual or 
perceived race, color, religious creed, sex, national origin, ancestry, age or sexual 
orientation, gender identity, physical or mental disability, religion, ancestry or national 
origin, age or familial status, unless it relates to a bona fide job requirement.
Sec. 7.  5 MRSA §786, as amended by PL 2021, c. 348, §7, is further amended to 
read:
§786.  Training for job opportunities
All educational and vocational-guidance counseling programs and all apprenticeship 
and on-the-job training programs conducted, supervised or funded by the State or state-
related agency must be conducted to encourage the fullest development of interest and 
aptitudes without regard to actual or perceived race, color, religious creed, sex, national 
origin, ancestry, age or sexual orientation, gender identity, physical or mental disability, 
religion, ancestry or national origin, age or familial status, unless sex or age relates to a 
bona fide job requirement.  In the event that any such programs are conducted in 
conjunction with private employers or private educational institutions, the supervising or 
contracting department or agency shall insure ensure that the provisions of this chapter are 
complied with fully by such private employer or private educational institution.
Sec. 8.  5 MRSA §787, as amended by PL 2021, c. 348, §8, is further amended to 
read:
§787.  State financial assistance
A state agency or state-related agency may not approve a grant of state financial 
assistance to any recipient who is engaged in discriminatory practices.  All recipients of 
state financial assistance shall submit to the Maine Human Rights Commission, at its 
request, information relating to the recipient's operations with regard to actual or perceived 
race, color, religious creed, sex, national origin, ancestry, age or sexual orientation, gender 
identity, physical or mental disability, religion, ancestry or national origin, age or familial 
status.  Such information must be furnished on a form to be prescribed by the Maine Human 
Rights Commission.
Sec. 9.  5 MRSA §789, 2nd ¶, as amended by PL 2021, c. 348, §9, is further 
amended to read:
All powers and duties granted to the Maine Human Rights Commission under chapter 
apply to this section. Complaints of discrimination based on actual or perceived race, 
color, religious creed, sex, national origin, age or sexual orientation, gender identity, 
physical or mental disability, religion, ancestry or national origin, age or familial status 
should be made to the Maine Human Rights Commission.
Sec. 10.  5 MRSA §1825-L, sub-§2, ¶A, 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 actual or perceived 
race, disability, national origin, gender, color, sex, sexual orientation, gender identity, 
physical or mental disability, religion, ancestry or national origin, age or familial status 
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. 11.  5 MRSA §7051, sub-§2, as enacted by PL 1985, c. 785, Pt. B, §38, is 
amended to read:
2.  Discrimination prohibited.  In carrying out this chapter, no discrimination may 
not be made on account of political or religious opinions or affiliations or because of actual 
or perceived race or national origin, color, sex or marital status or age or, sexual orientation, 
gender identity, physical or mental disability, religion, ancestry or national origin, age or 
familial status, unless based upon a bona fide occupational qualification.
Sec. 12.  10 MRSA §986, sub-§6, as amended by PL 1985, c. 344, §31, is further 
amended to read:
6.  Nondiscrimination.  The opportunity to receive assistance from the authority, 
directly or indirectly, shall must be open to all persons regardless of actual or perceived 
race, creed, color, sex, national origin, age, sexual orientation, gender identity, physical or 
mental impairment or disability, religion, ancestry or national origin, age, marital status or 
familial status. The authority shall assure ensure the availability of its programs on an 
equitable basis in all geographic areas of the State, provided that but this section does not 
preclude the authority from identifying areas of the State which that may be better suited 
to certain natural resource enterprises than others and does not preclude the authority from 
recognizing the value of a critical mass of natural resource economic activity in given areas.
Sec. 13.  14 MRSA §1202-A, as amended by PL 2021, c. 348, §17 and c. 366, §25, 
is further amended to read:
§1202-A.  Prohibition of discrimination
A citizen may not be excluded from jury service in this State on account of actual or 
perceived race, color, religion, sex, sexual orientation, gender identity, national origin, 
ancestry, economic status, marital status, age or physical disability, religion, ancestry or 
national origin or familial status, except as provided in this chapter.
Sec. 14.  17 MRSA §1301-A, first ¶, as enacted by PL 1969, c. 371, is amended to 
read:
No A person, firm or corporation holding a license under the State of Maine or any of 
its subdivisions for the dispensing of food, or liquor or for any service or being a State of 
Maine corporation business entity organized in this State or a corporation authorized to do 
business in the State shall may not withhold membership, its facilities or its services to any 
person on account of actual or perceived race, color, sex, sexual orientation, gender 
identity, physical or mental disability, religion, ancestry or national origin, age or familial 
status, except such organizations which that are oriented to a particular religion or which 
that are ethnic in character.
Sec. 15.  21-A MRSA §1014-B, sub-§1, ¶A, as enacted by PL 2001, c. 416, §1, is 
amended to read:
A.  A list or directory is used, exclusively or in part, to select respondents belonging to 
a particular subset or combination of subsets of the population, based on demographic 
or political characteristics such as race, color, sex, sexual orientation, gender identity, 
physical or mental disability, religion, ancestry or national origin, age, ethnicity, 
familial status, party affiliation or like characteristics;
Sec. 16.  21-A MRSA §1101, sub-§2, as enacted by PL 1989, c. 802, §1, is amended 
to read:
2.  The code form.  The code, printed on the form provided to candidates under 
subsection 1, must read as follows:
"Maine Code of Fair Campaign Practices
I shall conduct my campaign and, to the extent reasonably possible, insist that my 
supporters conduct themselves, in a manner consistent with the best Maine and 
American traditions, discussing the issues and presenting my record and policies with 
sincerity and candor.
I shall uphold the right of every qualified voter to free and equal participation in the 
election process.
I shall not participate in and I shall condemn defamation of and other attacks on any 
opposing candidate or party that I do not believe to be truthful, provable and relevant 
to my campaign.
I shall not use or authorize and I shall condemn material relating to my campaign that 
falsifies, misrepresents or distorts the facts, including, but not limited to, malicious or 
unfounded accusations creating or exploiting doubts as to the morality, patriotism or 
motivations of any party or candidate.
I shall not appeal to and I shall condemn appeals to prejudices based on actual or 
perceived race, creed, sex, sexual orientation, gender identity, physical or mental 
disability, religion, ancestry or national origin, age or familial status.
I shall not practice and I shall condemn practices that tend to corrupt or undermine the 
system of free election or that hamper or prevent the free expression of the will of the 
voters.
I shall promptly and publicly repudiate the support of any individual or group that 
resorts, on behalf of my candidacy or in opposition to that of an opponent, to methods 
in violation of the letter or spirit of this code.
I, the undersigned, candidate for election to public office in the State of Maine, hereby 
voluntarily endorse, subscribe to and solemnly pledge to conduct my campaign in 
accordance with the above principles and practices.
______________________
 Candidate for Public Office"
Sec. 17.  24-A MRSA §2169-B, sub-§2, ¶A, as enacted by PL 2003, c. 223, §1, is 
amended to read:
A.  Use an insurance score that is calculated using race, color, sex, sexual orientation, 
gender identity, physical or mental disability, religion, ancestry or national origin, age, 
familial status, income, gender, address, zip code, ethnic group, religion, or marital 
status or nationality of a consumer as a factor;
Sec. 18.  24-A MRSA §2303, sub-§1, ¶G, as enacted by PL 1989, c. 797, §4 and 
affected by §§37 and 38, is amended to read:
G.  Risks may be grouped by classifications for the establishment of rates and minimum 
premiums.  Classification rates may be modified to produce rates for individual risks 
in accordance with rating plans that establish standards for measuring variations in 
hazards or expense provisions, or both.  These standards may measure any differences 
among risks that may have a probable effect upon losses or expenses.  No risk 
classification may be based upon race, creed, sex, sexual orientation, gender identity, 
physical or mental disability, religion, ancestry or national origin or the religion, age, 
marital status or familial status of the insured.
Sec. 19.  24-A MRSA §6910, sub-§3, ¶B, as amended by PL 2021, c. 366, §29, is 
further amended by amending subparagraph (2) to read:
(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, or actual or perceived race, 
color, creed, age, national origin, citizenship status, gender sex, sexual orientation, 
gender identity, physical or mental disability, religion, ancestry or national origin, 
age, familial status 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
Sec. 20.  26 MRSA §979-D, sub-§1, ¶E, as amended by PL 1997, c. 741, §6 and 
affected by §12, is further amended by amending subparagraph (1), division (f) to read:
(f)  Rules for personnel administration, except the following: Rules for rules 
relating to applicants for employment in state or legislative service and state 
classified employees in an initial probationary status, including any extensions 
thereof, provided as long as such rules are not discriminatory by reason of an 
applicant's actual or perceived race, color, creed, sex, sexual orientation, 
gender identity, physical or mental disability, religion, ancestry or national 
origin, age or familial status;
Sec. 21.  26 MRSA §1285, sub-§1, ¶E, as amended by PL 1989, c. 596, Pt. N, §6, 
is further amended by amending subparagraph (6) to read:
(6)  Rules for personnel administration, except for rules relating to applicants for 
employment and employees in an initial probationary status, including any 
extensions thereof, provided that as long as the rules are not discriminatory by 
reason of an applicant's actual or perceived race, color, creed, sex, sexual 
orientation, gender identity, physical or mental disability, religion, ancestry or 
national origin, age or familial status.
Sec. 22.  30-A MRSA §3010, sub-§6, as amended by PL 2021, c. 348, §48, is 
further amended to read:
6.  Rights of individuals.  A cable system operator may not deny service, deny access 
or otherwise discriminate against subscribers, channel users or general citizens on the basis 
of age, actual or perceived race, religion color, sex, sexual orientation, gender identity, 
physical or mental disability, ancestry or country of natural national origin, age or familial 
status.
Sec. 23.  30-A MRSA §5724, sub-§9, as amended by PL 2003, c. 75, §3, is further 
amended by amending the 2nd blocked paragraph to read:
Health and remedial services and instructional materials and equipment provided for the 
benefit of nonpublic school pupils under this section and the admission of pupils to the 
nonpublic schools must be provided without distinction as to actual or perceived race, 
creed, color, the sex, sexual orientation, gender identity, physical or mental disability, 
religion, ancestry or national origin or familial status of the pupils or of their teachers.  No 
instructional Instructional materials or instructional equipment may not be loaned to pupils 
in nonpublic schools or their parents unless similar instructional material or instructional 
equipment is available for pupils in a public school served by a municipality.
Sec. 24.  33 MRSA §124, sub-§4, as amended by PL 2021, c. 348, §51, is further 
amended to read:
4.  Class of persons to whom residential real estate may be sold.  To restrict the 
class of persons to whom residential real estate may be sold or leased, as long as that 
restriction does not discriminate based upon actual or perceived race, color, sex, sexual 
orientation, gender identity, physical or mental disability, religion, ancestry or national 
origin, age or familial status and does not otherwise contravene the Constitution of Maine 
or the United States Constitution;
Sec. 25.  34-B MRSA §3611, sub-§9, ¶B, as amended by PL 2021, c. 366, §32, is 
further amended to read:
B.  A person may not be excluded from the council system or discriminated against 
within the council system by reason of actual or perceived race, creed, color, gender 
sex, sexual orientation, gender identity, age, marital status, homelessness, physical or 
mental disability, religion, ancestry or national origin, disability age, familial status or 
status as a consumer of mental health services.
SUMMARY
This bill makes the nondiscrimination provisions throughout the statutes consistent to 
prohibit discrimination on the basis of actual or perceived race, color, sex, sexual 
orientation, gender identity, physical or mental disability, religion, ancestry or national 
origin, age or familial status.