An Act To Improve Consistency within the Maine Human Rights Act
Maine Legislature, Session 130, LD 1688
Committee: Judiciary
Sponsors: HICKMAN, TALBOT ROSS, CARNEY, SANBORN, VITELLI, DUNPHY, HARNETT
Amends: 5 MRSA §4552, 5 MRSA §4553, 5 MRSA §4571, 5 MRSA §4572, 5 MRSA §4573-A, 5 MRSA §4581, 5 MRSA §4581-A, 5 MRSA §4583, 5 MRSA §4591, 5 MRSA §4592, 5 MRSA §4595, 5 MRSA §4596, 5 MRSA §4601, 5 MRSA §4602, 5 MRSA §4612, 5 MRSA §4622, 5 MRSA §4634

Legislative Document
No. 1688
S.P. 544
In Senate, May 6, 2021
An Act To Improve Consistency within the Maine Human Rights 
Act
Submitted by the Maine Human Rights Commission pursuant to Joint Rule 204.
Received by the Secretary of the Senate on May 4, 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 HICKMAN of Kennebec.
Cosponsored by Representative TALBOT ROSS of Portland and
Senators: CARNEY of Cumberland, SANBORN of Cumberland, VITELLI of Sagadahoc, 
Representatives: DUNPHY of Old Town, HARNETT of Gardiner.
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, 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 a prior employer under former Title 39 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 amended by PL 2019, c. 464, §1, is further 
amended to read:
5-A.  Familial status.  "Familial status" means that a family unit may contain one or 
more individuals who have not attained 18 years of age and are living with that contains:
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.
B-1.  One or more individuals 18 years of age or older who lack the ability to meet 
essential requirements for physical health, safety or self-care because the individual or 
individuals are unable to receive and evaluate information or make or communicate 
decisions.
The protections afforded against discrimination on the basis of familial status apply to any 
person who is pregnant or who is in the process of securing legal custody of any individual 
who has not attained 18 years of age.
Sec. 3.  5 MRSA §4553, sub-§10, ¶G, as amended by PL 2019, c. 464, §1, is further 
amended by amending subparagraph (3) to read:
(3)  Educational opportunity, as is more fully set forth in section 4602, subsection 
4.
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 limit the 
liability of persons pursuant to section 4633.
Sec. 6.  5 MRSA §4573-A, sub-§3 is enacted to read:
3.  Physical or mental disability.  This subchapter does not prohibit an employer from 
discharging or refusing to hire an individual with a physical or mental disability or subject 
an employer to any legal liability resulting from the refusal to employ or the discharge of 
the individual with a physical or mental disability if the employer establishes that the 
individual, because of the physical or mental disability, is unable to perform job duties or 
to perform job duties in a manner that would not endanger the health or safety of the 
individual or others.
Sec. 7.  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. 8.  5 MRSA §4581-A, sub-§1, as enacted by PL 2011, c. 613, §11 and affected 
by §29, is amended to read:
1.  Sale or rental of housing and other prohibited practices.  For any owner, lessee, 
sublessee, managing agent or other person having the right to sell or rent or manage a 
housing accommodation, or any agent of these, to:
A.  Make or cause to be made any written or oral inquiry concerning the race or color, 
sex, sexual orientation or gender identity, physical or mental disability, religion, 
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. 9.  5 MRSA §4581-A, sub-§2, as enacted by PL 2011, c. 613, §11 and affected 
by §29, is amended to read:
2.  Selling, brokering or appraising of housing.  For any real estate broker or real 
estate salesperson, or any agent of these, to:
A.  Fail or refuse to show any person a housing accommodation listed for sale, lease or 
rent because of race or color, sex, sexual orientation or gender identity, physical or 
mental disability, religion, ancestry, national origin or familial status;
B.  Misrepresent, for the purpose of discriminating because of race or color, sex, sexual 
orientation or gender identity, physical or mental disability, religion, ancestry, national 
origin or familial status, the availability or asking price of a housing accommodation 
listed for sale, lease or rent or for such reason to fail to communicate to the person 
having the right to sell, rent or lease the housing accommodation any offer for the same 
made by any applicant;
C.  In any other manner to discriminate against any applicant for a housing 
accommodation because of race or color, sex, sexual orientation or gender identity, 
physical or mental disability, religion, ancestry, national origin or familial status;
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. 10.  5 MRSA §4581-A, sub-§3, as enacted by PL 2011, c. 613, §11 and 
affected by §29, is amended to read:
3.  Making of loans; other financial assistance.  For any person to whom application 
is made for a loan or other form of financial assistance for the acquisition, construction, 
rehabilitation, repair or maintenance of any housing accommodation, whether secured or 
unsecured, or agent of the person, to:
A.  Make or cause to be made any oral or written inquiry concerning the race or color, 
sex, sexual orientation or gender identity, physical or mental disability, religion, 
ancestry, national origin or familial status of any applicant for financial assistance or 
of existing or prospective occupants or tenants of housing accommodations; or
B.  Discriminate in the granting of financial assistance, or in the terms, conditions or 
privileges relating to obtaining or the use of any financial assistance, against any 
applicant because of race or color, sex, sexual orientation or gender identity, physical 
or mental disability, religion, ancestry, national origin or familial status; or
Sec. 11.  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 a housing accommodation.
Sec. 12.  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. 13.  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 accommodations, 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;
Sec. 14.  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. 15.  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. 16.  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 or 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. 17.  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 
years of age or to consider a person's age in determining the terms upon which credit 
will be extended.
Sec. 18.  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. 19.  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 on the basis of sex.  It is unlawful 
educational discrimination in violation of this Act, on the basis of sex, sexual orientation 
or gender identity, physical or mental disability, ancestry, national origin, race, color or 
religion, to:
A.  Exclude a person from participation in, deny a person the benefits of, or subject a 
person to, 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 familial status 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.  Application.  Nothing in this section:
A.  Requires an educational institution to provide separate athletic or other 
extracurricular programs to serve a person with a physical or mental disability;
B.  May be construed to affect the rights of a person with a physical or mental disability 
to special education programs under state or federal law;
C.  Requires a 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. 20.  5 MRSA §4612, sub-§2-A, as enacted by PL 2019, c. 465, §6, is amended 
by amending the first blocked paragraph to read:
An administrative dismissal operates as an order of dismissal and has the same effect as a 
finding by the commission that no reasonable grounds exist to believe that unlawful 
discrimination has occurred, except that an administrative dismissal pursuant to paragraph 
C does not entitle the complainant to an award of attorney’s fees, civil penal damages or 
compensatory and punitive damages.
Sec. 21.  5 MRSA §4622, sub-§1, ¶A, as amended by PL 2019, c. 465, §8, is further 
amended to read:
A.  Dismissed the case under section 4612, subsection 2 or subsection 2-A, paragraphs 
A and B and D to F;
Sec. 22.  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 to the contrary, a mother person may 
breast-feed her that person's baby in any location, public or private, where the mother 
person is otherwise authorized to be.
SUMMARY
This bill addresses 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; and
4. Clarifying the scope of the Maine Human Rights Act application in education.
The bill also clarifies that the sexual orientation provisions in the Maine Human Rights 
Act extend to gender identity.