An Act to Add Political Affiliation as a Protected Class to the Maine Human Rights Act
Maine Legislature, Session 131, LD 1663
Committee: Judiciary
Sponsors: LIBBY, SAMPSON, KEIM
Amends: 5 MRSA §4552, 5 MRSA §4553, 5 MRSA §4571, 5 MRSA §4572, 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

Legislative Document
No. 1663
S.P. 668
In Senate, April 13, 2023
An Act to Add Political Affiliation as a Protected Class to the Maine 
Human Rights Act
Reference to the Committee on Judiciary suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator LIBBY of Cumberland.
Cosponsored by Representative SAMPSON of Alfred and
Senator: KEIM of Oxford.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §4552, as amended by PL 2021, c. 366, §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, political affiliation, 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 because of the previous assertion of a claim or right 
against a prior employer under former Title 39 or Title 39‑A 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-§6-B is enacted to read:
6-B.  Party.  "Party" has the same meaning as in Title 21-A, section 1, subsection 28.
Sec. 3.  5 MRSA §4553, sub-§8-I is enacted to read:
8-I.  Political affiliation.  "Political affiliation" means belonging to or endorsing a 
party or a particular political philosophy, creed or ideal.
Sec. 4.  5 MRSA §4571, as amended by PL 2021, c. 366, §4, 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, political affiliation, age, ancestry, national origin or familial status is 
recognized as and declared to be a civil right.  The provisions of this subchapter regarding 
political affiliation do not apply to an employer who is a party or is affiliated with, is an 
agent of or who performs services on behalf of a party.
Sec. 5.  5 MRSA §4572, sub-§1, as amended by PL 2021, c. 293, Pt. B, §2; c. 366, 
§5 and c. 476, §1, is further amended to read:
1.  Unlawful employment discrimination.  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, political affiliation, age, ancestry, 
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, because of previous actions taken 
by the applicant that are protected under Title 26, chapter 7, subchapter 5‑B or because 
the applicant sought and received an order of protection under Title 19‑A, section 4007; 
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, political affiliation, age, ancestry, national origin 
or familial status, because of their previous assertion of a claim or right under former 
Title 39 or Title 39‑A, because of previous actions that are protected under Title 26, 
chapter 7, subchapter 5‑B or because the applicant sought and received an order of 
protection under Title 19‑A, section 4007.
(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, 
political affiliation, age, ancestry, 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, 
because of previous actions taken by the individual that are protected under Title 26, 
chapter 7, subchapter 5‑B or because the individual sought and received an order of 
protection under Title 19‑A, section 4007; 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, political affiliation, age, ancestry, national origin or familial 
status, because of previous assertion of a claim or right under former Title 39 or Title 
39‑A, because of previous actions that are protected under Title 26, chapter 7, 
subchapter 5‑B or because the individual sought and received an order of protection 
under Title 19‑A, section 4007;
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, political affiliation, age, ancestry, 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, because of previous actions taken by the applicant that are protected under Title 
26, chapter 7, subchapter 5‑B or because the applicant sought and received an order of 
protection under Title 19‑A, section 4007; 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, 
political affiliation, age, ancestry, 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, 
because of previous actions taken by the member that are protected under Title 26, 
chapter 7, subchapter 5‑B or because the applicant sought and received an order of 
protection under Title 19‑A, section 4007; 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, political affiliation, age, ancestry, national origin or familial status, any 
previous assertion of a claim or right under former Title 39 or Title 39‑A, any 
previous actions that are protected under Title 26, chapter 7, subchapter 5‑B or any 
previous actions seeking and receiving an order of protection under Title 19‑A, 
section 4007;
(2)  Make or keep a record of race or color, sex, sexual orientation or gender 
identity, physical or mental disability, religion, political affiliation, age, ancestry, 
national origin or familial status, any previous assertion of a claim or right under 
former Title 39 or Title 39‑A, any previous actions that are protected under Title 
26, chapter 7, subchapter 5‑B or any previous actions seeking and receiving an 
order of protection under Title 19‑A, section 4007, except that, in relation to 
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, political affiliation, age, ancestry, national origin or familial status, any 
previous assertion of a claim or right under former Title 39 or Title 39‑A, any 
previous actions that are protected under Title 26, chapter 7, subchapter 5‑B or any 
previous actions seeking and receiving an order of protection under Title 19‑A, 
section 4007.  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, political affiliation, age, 
ancestry, national origin or familial status, any previous assertion of a claim or 
right under former Title 39 or Title 39‑A, any previous actions that are protected 
under Title 26, chapter 7, subchapter 5‑B or any previous actions seeking and 
receiving an order of protection under Title 19‑A, section 4007; 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, political affiliation, age, ancestry, national origin or 
familial status, because of the previous assertion of a claim or right under former 
Title 39 or Title 39‑A, because of previous actions that are protected under Title 
26, chapter 7, subchapter 5‑B or because of any previous actions seeking and 
receiving an order of protection under Title 19‑A, section 4007, 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 §4581, first ¶, as amended by PL 2021, c. 366, §7 and c. 476, §2, 
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, political affiliation, ancestry, 
national origin or familial status or because the individual has sought and received an order 
of protection under Title 19‑A, section 4007, is hereby recognized as and declared to be a 
civil right.
Sec. 7.  5 MRSA §4581-A, as amended by PL 2021, c. 366, §§8 to10 and c. 476, §3, 
is further amended to read:
§4581-A.  Unlawful housing discrimination
It is unlawful housing discrimination, in violation of this Act:
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, 
political affiliation, ancestry, national origin, familial status or any previous actions 
seeking and receiving an order of protection under Title 19‑A, section 4007 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, political 
affiliation, ancestry, national origin or familial status or because the person sought and 
received an order of protection under Title 19‑A, section 4007;
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, political affiliation, ancestry, national origin, familial status or any previous 
actions seeking and receiving an order of protection under Title 19‑A, section 4007 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, political affiliation, ancestry, 
national origin or familial status or because the person sought and received an order of 
protection under Title 19‑A, section 4007 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, political affiliation, ancestry, national origin or familial status of the tenant or 
because the tenant sought and received an order of protection under Title 19‑A, section 
4007;
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, political affiliation, ancestry, national origin or familial 
status or because the person sought and received an order of protection under Title 
19‑A, section 4007;
B.  Misrepresent, for the purpose of discriminating because of race or color, sex, sexual 
orientation or gender identity, physical or mental disability, religion, political 
affiliation, ancestry, national origin, familial status or any previous actions seeking and 
receiving an order of protection under Title 19‑A, section 4007, 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, political affiliation, ancestry, national origin or 
familial status or because the applicant sought and received an order of protection under 
Title 19‑A, section 4007;
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, political affiliation, ancestry, national origin, familial status or any previous 
actions seeking and receiving an order of protection under Title 19‑A, section 4007 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, political affiliation, ancestry, national origin, familial status or any previous 
actions seeking and receiving an order of protection under Title 19‑A, section 4007, 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;
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, 
political affiliation, ancestry, national origin, familial status or any previous actions 
seeking and receiving an order of protection under Title 19‑A, section 4007 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, political affiliation, ancestry, national origin, familial 
status or any previous actions seeking and receiving an order of protection under Title 
19‑A, section 4007; or
4.  Receipt of public assistance.  For any person furnishing rental premises or public 
accommodations to refuse to rent or impose different terms of tenancy to any individual 
who is a recipient of federal, state or local public assistance, including medical assistance 
and housing subsidies, primarily because of the individual's status as recipient.
Sec. 8.  5 MRSA §4583, as amended by PL 2021, c. 366, §11, 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, political 
affiliation, 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, political affiliation, 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. 9.  5 MRSA §4591, as amended by PL 2021, c. 366, §12, 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, political affiliation, ancestry or 
national origin is recognized as and declared to be a civil right.
Sec. 10.  5 MRSA §4592, sub-§1, as amended by PL 2021, c. 366, §13, 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, political affiliation, 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 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. 11.  5 MRSA §4592, sub-§2, as amended by PL 2021, c. 366, §14, 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, 
political affiliation, 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, political 
affiliation, 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, political 
affiliation, 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. 12.  5 MRSA §4595, as amended by PL 2021, c. 366, §16, 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, 
political affiliation 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; political affiliation; or 
national origin is recognized as and declared to be a civil right.
Sec. 13.  5 MRSA §4596, as amended by PL 2021, c. 366, §17, 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; political 
affiliation; 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 18 years of age or to consider a person's age in determining the 
terms upon which credit will be extended.
Sec. 14.  5 MRSA §4601, as amended by PL 2021, c. 366, §18, 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, 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, race, color or, religion or political affiliation is recognized and declared to be a civil 
right.
Sec. 15.  5 MRSA §4602, sub-§1, as amended by PL 2021, c. 366, §19, is further 
amended to read:
1.  Unlawful educational discrimination.  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, political affiliation 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 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.
SUMMARY
This bill adds political affiliation as a protected class under the Maine Human Rights 
Act.