An Act to Ensure Accountab1hty for Workplace Harassment and Assault by Removmg Intentional Acts and Om1ss1ons from Workers' Compensation Exemptions
Maine Legislature, Session 131, LD 0053
Committee Amendment CA_A_H110 (House)
Amends: 39-A MRSA §104, 39-A MRSA §104-A

COMMITTEE AMENDMENT "/t" to HP 28, LD 53, "An Act to Ensure 
Accountab1hty for Workplace Harassment and Assault by Removmg Intentional Acts and 
Om1ss1ons from Workers' Compensation Exemptions" 
Amend the bill by strikmg out the title and substitutmg the followmg 
'An Act to Ensure Accountability for Workplace Sexual Harassment and Sexual 
Assault by Removing Certain Intentional Torts from Workers' Compensation 
Exemptions' 
Amend the bill by stnkmg out everythmg after the enacting clause and msertmg the 
followmg 
'Sec. l. 39-A MRSA §104, first 1, as amended by PL 2017, c 402, Pt C, §109 and 
affected by PL 2019, c. 417, Pt B, § 14, 1s further amended to read 
An employer w.l=ie that has secured the payment of compensation m conformity with 
sections 401 to 407 1s exempt from c1v1l actions, either at common law or under sections 
to 908, Title 14, sections 8101 to 8118, and Title 18-C, section 2-807, mvolvmg 
personal lllJunes sustamed by an employee ansmg out of and m the course of employment, 
or for death resultmg from those inJuries An employer that uses a private employment 
agency for temporary help services 1s entitled to the same immumty from civil actions by 
employees of the temporary help service as is granted with respect to the employer's own 
employees as long as the temporary help service has secured the payment of compensation 
m confonmty with sections 401 to 407 
11Temporary help services" means a service where 
an agency assigns its own employees to a 3rd party to work under the direction and control 
of the 3rd party to support or supplement the 3rd party's v;ork foree workforce m work 
s1tuat10ns such as employee absences, temporary skill shortages, seasonal work loaa 
workload cond1t1ons and special assignments and proJects +hese Except as provided m 
section 104-A, these exemptions from hab1hty apply to all employees, supervisors, officers 
and directors of the employer for any personal mJunes ansmg out of and in the course of 
employment, or for death resultmg from those lllJunes These exemptions also apply to 
occupat10nal diseases sustained by an employee or for death resultmg from those diseases 
COMMITTEE AMENDMENT 
ROS 
COMMITIBE AMENDMENT A 
"to HP 28, L D 53 
These exemptions do not apply to an 11legally employed mmor as descnbed m section 408, 
subsectmn 2 
Sec. 2. 39-A MRSA §104-A 1s enacted to read 
§104-A. Liability for sexual harassment, sexual assault or certain intentional torts 
1. Liability for sexual harassment, sexual assault or certam mtentional torts. An 
employee, supervisor, officer or dtrector of an employer 1s hable for sexual harassment, 
sexual assault or an mtentional tort related to sexual harassment or sexual assault 
2. Employer not liable. This section may not be construed to impose hab1hty on an 
employer for sexual harassment, sexual assault or an mtentional tort related to sexual 
harassment or sexual assault committed by an employee, supervisor, officer or dtrector of 
the employer 
3. Actions alleging employment discrimination not prohibited or limited. This 
section does not proh1b1t or lmut an action allegmg employment d1scr1mmatlon pursuant 
to the Mame Human Rights Act or Title VII of the federal C1vll Rights Act of 1964, Pubhc 
Law 88-352' 
Amend the bill by relettermg or renumbermg any nonconsecutive Part letter or section 
number to read consecutively 
SUMMARY 
This amendment, which 1s the maJority report of the committee, replaces the bill The 
amendment makes an employee, supervisor, officer or director of an employer hable for 
sexual harassment, sexual assault or an mtentional tort related to sexual harassment or 
sexual assault but exempts the employer from hab1hty for those actions 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved 04/22/23 .::k?ae.. 
LD53 
LR 246(02) 
An Act to Ensure Accountability for Workplace Harassment and Assault by Removing Intentional 
Acts and Omissions from Workers' Compensation Exemptions 
Fiscal Note for Bill as Amended by Committee Amendment o/1• { H-/ / 0 J 
Committee: Labor and Housing 
Fiscal Note Required: Yes 
Fiscal Note 
Mmor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
May mcrease the number of civil suits filed in the court system 
The addit10nal workload associated with the minnnal number of new cases filed m the court system does not require 
additional funding at this time 
The collect10n of add1t10nal fihng fees will increase General Fund revenue by minor amounts 
LR0246(02) - Fiscal Note - Page 1 of 1