An Act to Protect Against Discrimination by Public Entities
Maine Legislature, Session 131, LD 0279
Committee: Judiciary
Sponsors: TALBOT ROSS, BEEBE-CENTER, MOONEN, PLUECKER, PRINGLE, CARNEY, NANGLE
Amends: 5 MRSA §4553, 5 MRSA §4592, 5 MRSA §4630

Legislative Document
No. 279
H.P. 177
House of Representatives, January 26, 2023
An Act to Protect Against Discrimination by Public Entities
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Speaker TALBOT ROSS of Portland.
Cosponsored by Senator BEEBE-CENTER of Knox and
Representatives: MOONEN of Portland, PLUECKER of Warren, PRINGLE of Windham, 
Senators: CARNEY of Cumberland, NANGLE of Cumberland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §4553, sub-§8-D, ¶B, as amended by PL 2019, c. 464, §1, is 
repealed.
Sec. 2.  5 MRSA §4553, sub-§8-D, as amended by PL 2019, c. 464, §1, is further 
amended by repealing the 2nd blocked paragraph.
Sec. 3.  5 MRSA §4553, sub-§10, ¶F, as amended by PL 2005, c. 10, §5, is further 
amended to read:
F.  Unlawful educational discrimination as defined and limited by subchapter 5‑B; and
Sec. 4.  5 MRSA §4553, sub-§10, ¶G, as amended by PL 2021, c. 366, §3, is further 
amended to read:
G.  Discrimination in employment, housing, public accommodation, credit and 
educational opportunity on the basis of sexual orientation or gender identity, except 
that a religious corporation, association or organization that does not receive public 
funds is exempt from this provision with respect to:
(1)  Employment, as is more fully set forth in section 4553, subsection 4 and section 
4573‑A;
(2)  Housing; and
(3)  Educational opportunity.
Any for-profit organization owned, controlled or operated by a religious association or 
corporation and subject to the provisions of the United States Internal Revenue Code 
of 1986, 26 United States Code, Section 511(a) is not covered by the exemptions set 
forth in this paragraph.; and
Sec. 5.  5 MRSA §4553, sub-§10, ¶H is enacted to read:
H.  Unlawful discrimination by public entities as described in section 4630.
Sec. 6.  5 MRSA §4592, sub-§1, ¶C, as enacted by PL 1995, c. 393, §22, is 
amended to read:
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; and
Sec. 7.  5 MRSA §4592, sub-§1, ¶D, as amended by PL 2021, c. 366, §13, is further 
amended to read:
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
Sec. 8.  5 MRSA §4592, sub-§1, ¶E, as enacted by PL 1995, c. 393, §22, is 
repealed.
Sec. 9.  5 MRSA §4630 is enacted to read:
§4630.  Discrimination by public entities prohibited
1.  Unlawful discrimination.  A public entity may not discriminate against an 
individual, exclude an individual from participation in a service, program or activity of that 
public entity or otherwise deny to an individual the benefits of a service, program or activity 
of that public entity by reason of the individual's race or color, sex, sexual orientation or 
gender identity, age, physical or mental disability, religion, ancestry or national origin.
2.  Continued applicability.  This section does not diminish the applicability of other 
provisions of this chapter to public entities acting as employers, providing public 
accommodations or education or acting as providers of credit or housing. 
SUMMARY
This bill creates a new section in the Maine Human Rights Act that states it is unlawful 
discrimination for a public entity to discriminate against an individual, exclude an 
individual from participation in a service, program or activity of that public entity or 
otherwise deny to an individual the benefits of a service, program or activity of that public 
entity by reason of the individual's race or color, sex, sexual orientation or gender identity, 
age, physical or mental disability, religion, ancestry or national origin. It amends existing 
sections of the Maine Human Rights Act to create consistency with the new section.