An Act To Prevent Discrimination against Domestic Violence Victims
Maine Legislature, Session 130, LD 1294
Committee: Judiciary
Sponsors: BAILEY, CARNEY, RECKITT
Amends: 5 MRSA §4572, 5 MRSA §4581, 5 MRSA §4581-A

Legislative Document
No. 1294
S.P. 422
In Senate, March 29, 2021
An Act To Prevent Discrimination against Domestic Violence 
Victims
Reference to the Committee on Judiciary suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BAILEY of York.
Cosponsored by Senator: CARNEY of Cumberland, Representative: RECKITT of South 
Portland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §4572, sub-§1, as amended by PL 2005, c. 10, §§11 and 12, is 
further amended to read:
1.  Unlawful employment discrimination.  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, 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 the applicant sought and received an order of protection 
under Title 19-A, chapter 101; 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, 
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; or because the applicant sought and received an order of protection 
under Title 19-A, chapter 101.
(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, 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 because the individual sought 
and received an order of protection under Title 19-A, chapter 101; 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, 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 or 
because the individual sought and received an order of protection under Title 19-A, 
chapter 101;
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, 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 the applicant 
sought and received an order of protection under Title 19-A, chapter 101; 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, 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 because the applicant sought and received an order of protection under Title 
19-A, chapter 101; 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, 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 any previous actions seeking and receiving an order 
of protection under Title 19-A, chapter 101;
(2)  Make or keep a record of race or color, sex, sexual orientation, physical or 
mental disability, religion, age, ancestry or national origin, 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 any previous actions 
seeking and receiving an order of protection under Title 19-A, chapter 101, 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, 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 any previous actions seeking and receiving an order of protection 
under Title 19-A, chapter 101.  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, 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 any 
previous actions seeking and receiving an order of protection under Title 19-A, 
chapter 101; 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, because of 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 or because of any 
previous actions seeking and receiving an order of protection under Title 19-A, 
chapter 101, 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. 2.  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, 
physical or mental disability, religion, ancestry, national origin or familial status or because 
the individual has sought and received an order of protection under Title 19-A, chapter 101, 
is hereby recognized as and declared to be a civil right.
Sec. 3.  5 MRSA §4581-A, as enacted by PL 2011, c. 613, §11 and affected by §29, 
is amended to read:
§4581-A.  Unlawful housing discrimination
It is unlawful housing discrimination, in violation of this Act:
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, physical or mental disability, religion, ancestry, national origin 
or, familial status or any previous actions seeking and receiving an order of protection 
under Title 19-A, chapter 101 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, physical or mental disability, religion, ancestry, national origin or familial 
status or because the person sought and received an order of protection under Title 
19-A, chapter 101;
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, physical or mental disability, religion, ancestry, 
national origin or, familial status or any previous actions seeking and receiving an order 
of protection under Title 19-A, chapter 101 or an intention to make any such 
preference, limitation or discrimination;
D.  Discriminate against any person because of race or color, sex, sexual orientation, 
physical or mental disability, religion, ancestry, national origin or familial status or 
because the person sought and received an order of protection under Title 19-A, chapter 
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, physical or mental disability, religion, ancestry, 
national origin or familial status of the tenant or because the tenant sought and received 
an order of protection under Title 19-A, chapter 101;
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, physical or mental disability, 
religion, ancestry, national origin or familial status or because the person sought and 
received an order of protection under Title 19-A, chapter 101;
B.  Misrepresent, for the purpose of discriminating because of race or color, sex, sexual 
orientation, physical or mental disability, religion, ancestry, national origin or, familial 
status or any previous actions seeking and receiving an order of protection under Title 
19-A, chapter 101, 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, physical or mental 
disability, religion, ancestry, national origin or familial status or because the applicant 
sought and received an order of protection under Title 19-A, chapter 101;
D.  Make or cause to be made any written or oral inquiry or record concerning the race 
or color, sex, sexual orientation, physical or mental disability, religion, ancestry, 
national origin or, familial status or any previous actions seeking and receiving an order 
of protection under Title 19-A, chapter 101 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, physical or mental disability, religion, ancestry, 
national origin or, familial status or any previous actions seeking and receiving an order 
of protection under Title 19-A, chapter 101, 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;
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, physical or mental disability, religion, ancestry, national origin 
or, familial status or any previous actions seeking and receiving an order of protection 
under Title 19-A, chapter 101 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, physical or mental disability, 
religion, ancestry, national origin or, familial status or any previous actions seeking 
and receiving an order of protection under Title 19-A, chapter 101; or
4.  Receipt of public assistance.  For any person furnishing rental premises or public 
accommodations to refuse to rent or impose different terms of tenancy to any individual 
who is a recipient of federal, state or local public assistance, including medical assistance 
and housing subsidies, primarily because of the individual's status as recipient.
SUMMARY
This bill amends the Maine Human Rights Act to provide protections against 
discrimination in employment and housing against a person who has sought and received 
an order of protection under the Maine Revised Statutes, Title 19-A, chapter 101.  All 
remedies currently available under the Maine Human Rights Act, including a private right 
of action and attorney's fees, are available for these persons.