An Act Regarding the Limits on Civil Remedies Available Under the Maine Human Rights Act
Maine Legislature, Session 131, LD 0960
Committee: Judiciary
Sponsors: BRADSTREET, BLIER, CAMPBELL, CARMICHAEL, LANDRY, MORRIS, POLEWARCZYK, SOBOLESKI
Amends: 5 MRSA §4613

Legislative Document
No. 960
H.P. 607
House of Representatives, March 2, 2023
An Act Regarding the Limits on Civil Remedies Available Under the 
Maine Human Rights Act
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative BRADSTREET of Vassalboro.
Cosponsored by Representatives: BLIER of Buxton, CAMPBELL of Orrington, 
CARMICHAEL of Greenbush, LANDRY of Farmington, MORRIS of Turner, 
POLEWARCZYK of Wiscasset, SOBOLESKI of Phillips.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §4613, sub-§2, ¶B, as amended by PL 2011, c. 613, §21 and 
affected by §29, is further amended by amending subparagraph (8), division (e) to read:
(e)  The sum of compensatory damages awarded under this subparagraph or 
any other provision of law for future pecuniary losses, emotional pain, 
suffering, inconvenience, mental anguish, loss of enjoyment of life, other 
nonpecuniary losses and the amount of punitive damages awarded under this 
section or any other provision of law may not exceed for each complaining 
party:
(i)  In the case of a respondent who has more than 14 and fewer than 101 
employees in each of 20 or more calendar weeks in the current or 
preceding calendar year, $50,000;
(ii)  In the case of a respondent who has more than 100 and fewer than 201 
employees in each of 20 or more calendar weeks in the current or 
preceding calendar year, $100,000;
(iii)  In the case of a respondent who has more than 200 and fewer than 
employees in each of 20 or more calendar weeks in the current or 
preceding calendar year, $300,000; and
(iv)  In the case of a respondent who has more than 500 employees in each 
of 20 or more calendar weeks in the current or preceding calendar year, 
$500,000.
Sec. 2.  5 MRSA §4613, sub-§2, ¶B, as amended by PL 2011, c. 613, §21 and 
affected by §29, is further amended by amending subparagraph (8), division (i) to read:
(i)  Punitive damages may not be included in a judgment or award against a 
governmental entity, as defined in Title 14, section 8102, subsection 2, or 
against an employee of a governmental entity based on a claim that arises out 
of an act or omission occurring within the course or scope of that employee's 
employment; and.
Sec. 3.  5 MRSA §4613, sub-§2, ¶B, as amended by PL 2011, c. 613, §21 and 
affected by §29, is further amended by enacting a new subparagraph (8), division (j) to 
read:
(j)  A respondent may not waive the maximum sum of compensatory and 
punitive damages set forth in division (e) regardless of the form or substance 
of a respondent's responsive pleadings to any action filed under this Act.
Sec. 4.  5 MRSA §4613, sub-§2, ¶B, as amended by PL 2011, c. 613, §21 and 
affected by §29, is further amended by enacting a new subparagraph (8), division (k) to 
read:
(k)  This subparagraph does not permit double recovery in actions filed 
concurrently under this Act and 42 United States Code, Section 12101, et seq. 
or 42 United States Code, Sections 2000e to 2000e-17.  The maximum sum of 
compensatory and punitive damages described by division (e) is the maximum 
liability for an employer; and
SUMMARY
This bill provides that in cases of intentional employment discrimination with 
respondents who have more than 14 employees, the sum of compensatory damages 
awarded under certain provisions of the Maine Human Rights Act or any other provision 
of law for future pecuniary losses, emotional pain, suffering, inconvenience, mental 
anguish, loss of enjoyment of life, other nonpecuniary losses and the amount of punitive 
damages awarded under certain provisions of the Maine Human Rights Act and any other 
provision of law may not exceed specified limits.  The bill prohibits a respondent from 
waiving those limits and specifies that those limits are the maximum liability for an 
employer.  The bill provides that in cases of intentional employment discrimination with 
respondents who have more than 14 employees, double recovery is not permitted in actions 
filed concurrently under the Maine Human Rights Act and certain provisions of federal 
law.