An Act to Strengthen Protections of Persons After a Maine Human Rights Commission Investigation Finds No Reasonable Grounds Exist to Believe Unlawful Discrimination Occurred
Maine Legislature, Session 131, LD 0967
Committee: Judiciary
Sponsors: GREENWOOD
Amends: 5 MRSA §4612, 5 MRSA §4614

Legislative Document
No. 967
H.P. 614
House of Representatives, March 2, 2023
An Act to Strengthen Protections of Persons After a Maine Human 
Rights Commission Investigation Finds No Reasonable Grounds 
Exist to Believe Unlawful Discrimination Occurred
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative GREENWOOD of Wales.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §4612, sub-§2-A, as amended by PL 2021, c. 366, §20, is further 
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 does not trigger the 
prohibitions in subsection 4, paragraph C and 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. 2.  5 MRSA §4612, sub-§4, as amended by PL 2019, c. 465, §6, is further 
amended to read:
4.  Civil action by commission.  The commission may file a civil action only in 
accordance with this subsection.
A.  If the commission finds reasonable grounds to believe that unlawful discrimination 
has occurred, and further believes that irreparable injury or great inconvenience will be 
caused the victim of such discrimination or to members of a protected class group if 
relief is not immediately granted, or if conciliation efforts under subsection 3 have not 
succeeded, the commission may file in the Superior Court a civil action seeking such 
relief as is appropriate, including temporary restraining orders.  In a complaint 
investigated pursuant to a memorandum of understanding between the commission and 
the United States Department of Housing and Urban Development that results in a 
reasonable grounds determination, the commission shall file a civil action for the use 
of complainant if conciliation efforts under subsection 3 are unsuccessful.
B.  Grounds for the filing of such an action before attempting conciliation include, but 
are not limited to:
(1)  In unlawful housing discrimination, that the housing accommodation sought is 
likely to be sold or rented to another during the pendency of proceedings, or that 
an unlawful eviction is about to occur;
(2)  In unlawful employment discrimination, that the victim of the discrimination 
has lost or is threatened with the loss of job and income as a result of such 
discrimination;
(3)  In unlawful public accommodations discrimination, that such discrimination 
is causing inconvenience to many persons; and
(4)  In any unlawful discrimination, that the victim of the discrimination is 
suffering or is in danger of suffering severe financial loss in relation to 
circumstances, severe hardship or personal danger as a result of such 
discrimination.
C.  If, after investigation, the commission finds that no reasonable grounds exist to 
believe that unlawful discrimination has occurred, neither the commission nor 
commission staff may:
(1)  File a civil action on behalf of the commission or on behalf of the complainant 
arising out of the facts and circumstances alleged in the complaint that was 
dismissed;
(2)  Provide assistance, including legal, financial or administrative assistance, to a 
complainant who files a civil action under section 4621 arising out of the facts and 
circumstances alleged in the complaint that was dismissed; or
(3)  Expend any commission resources to assist a complainant who files a civil 
action under section 4621 arising out of the facts and circumstances alleged in the 
complaint that was dismissed.
Sec. 3.  5 MRSA §4614, as amended by PL 2019, c. 465, §7, is further amended to 
read:
§4614.  Attorney's fees and costs
In any civil action under this Act, the court, in its discretion, may allow the prevailing 
party reasonable attorney's fees and costs, except that the commission may not be awarded 
attorney's fees and costs and is not liable to pay any party's attorney's fees and costs unless 
the court finds that the commission violated section 4612, subsection 4, paragraph C, in 
which case the court shall order the commission to pay the defendant's reasonable attorney's 
fees and costs.
Sec. 4.  Application.  Notwithstanding the Maine Revised Statutes, Title 1, section 
302, this Act applies to any case that is pending on the effective date of this Act.
SUMMARY
This bill prohibits the Maine Human Rights Commission and commission staff from 
filing a civil action arising out of the facts and circumstances alleged in a complaint if the 
commission dismissed that complaint based on a finding that no reasonable grounds exist 
to believe that unlawful discrimination occurred.  The bill also prohibits the commission 
and commission staff from providing assistance, including legal, financial or administrative 
assistance, to a complainant who files a civil action arising out of the facts and 
circumstances alleged in such a complaint.  If a court finds that the commission or 
commission staff have violated these prohibitions, the court is directed to order the 
commission to pay the defendant's reasonable attorney's fees and costs.
Notwithstanding the Maine Revised Statutes, Title 1, section 302, these prohibitions 
apply to any case that is pending on the effective date of this legislation.