An Act to Correct Outdated References in and Relating to the Maine Human Rights Act
Maine Legislature, Session 131, LD 2142
Committee: Judiciary
Sponsors: MOONEN
Amends: 5 MRSA §941, 5 MRSA §4572, 5 MRSA §4581, 5 MRSA §4581-A, 5 MRSA §4596

Legislative Document
No. 2142
H.P. 1366
House of Representatives, January 3, 2024
An Act to Correct Outdated References in and Relating to the 
Maine Human Rights Act
Submitted by the Maine Human Rights Commission pursuant to Joint Rule 203.
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative MOONEN of Portland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §941, sub-§1, ¶B, as enacted by PL 1983, c. 729, §4, is repealed.
Sec. 2.  5 MRSA §941, sub-§1, ¶C is enacted to read:
C.  Commission Counsel.
Sec. 3.  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, 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 a final protection order 
under Title 19-A, section 4110 or a substantially similar provision of the law of another 
state or country; 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, 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 a final protection order under Title 19-A, 
section 4110 or a substantially similar provision of the law of another state or country.
(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, 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 a final protection order under Title 19-A, section 4110 or a 
substantially similar provision of the law of another state or country; 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, 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 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 a final protection order under Title 19-A, 
section 4110 or a substantially similar provision of the law of another state or country;
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, 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 a final protection order under Title 19-A, section 4110 
or a substantially similar provision of the law of another state or country; 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, 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 a final protection order under Title 
19-A, section 4110 or a substantially similar provision of the law of another state or 
country; 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, 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 a final 
protection order under Title 19-A, section 4110 or a substantially similar provision 
of the law of another state or country;
(2)  Make or keep a record of race or color, sex, sexual orientation or gender 
identity, physical or mental disability, religion, 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 a final protection order under Title 19-A, section 
4110 or a substantially similar provision of the law of another state or country, 
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, 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 a final 
protection order under Title 19-A, section 4110 or a substantially similar provision 
of the law of another state or country.  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, 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 a final protection order under Title 
19-A, section 4110 or a substantially similar provision of the law of another state 
or country; 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, 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 a final protection order under Title 19-A, section 
4110 or a substantially similar provision of the law of another state or country, 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. 4.  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, ancestry, national origin or familial 
status or because the individual has sought and received an order of protection under Title 
19‑A, section 4007 a final protection order under Title 19-A, section 4110 or a substantially 
similar provision of the law of another state or country, is hereby recognized as and 
declared to be a civil right.
Sec. 5.  5 MRSA §4581-A, as amended by PL 2021, c. 366, §§8 to 10 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, 
ancestry, national origin, familial status or any previous actions seeking and receiving 
an order of protection under Title 19‑A, section 4007 a final protection order under 
Title 19-A, section 4110 or a substantially similar provision of the law of another state 
or country 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, ancestry, national 
origin or familial status or because the person sought and received an order of 
protection under Title 19‑A, section 4007 a final protection order under Title 19-A, 
section 4110 or a substantially similar provision of the law of another state or country;
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, ancestry, national origin, familial status or any previous actions seeking and 
receiving an order of protection under Title 19‑A, section 4007 a final protection order 
under Title 19-A, section 4110 or a substantially similar provision of the law of another 
state or country 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, ancestry, national origin or 
familial status or because the person sought and received an order of protection under 
Title 19‑A, section 4007 a final protection order under Title 19-A, section 4110 or a 
substantially similar provision of the law of another state or country 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, 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 a final 
protection order under Title 19-A, section 4110 or a substantially similar provision of 
the law of another state or country;
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, ancestry, national origin or familial status or because the 
person sought and received an order of protection under Title 19‑A, section 4007 a 
final protection order under Title 19-A, section 4110 or a substantially similar 
provision of the law of another state or country;
B.  Misrepresent, for the purpose of discriminating because of race or color, sex, sexual 
orientation or gender identity, physical or mental disability, religion, ancestry, national 
origin, familial status or any previous actions seeking and receiving an order of 
protection under Title 19‑A, section 4007 a final protection order under Title 19-A, 
section 4110 or a substantially similar provision of the law of another state or country, 
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, ancestry, national origin or familial status or 
because the applicant sought and received an order of protection under Title 19‑A, 
section 4007 a final protection order under Title 19-A, section 4110 or a substantially 
similar provision of the law of another state or country;
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, ancestry, national origin, familial status or any previous actions seeking and 
receiving an order of protection under Title 19‑A, section 4007 a final protection order 
under Title 19-A, section 4110 or a substantially similar provision of the law of another 
state or country 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, ancestry, national origin, familial status or any previous actions seeking and 
receiving an order of protection under Title 19‑A, section 4007 a final protection order 
under Title 19-A, section 4110 or a substantially similar provision of the law of another 
state or country, 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, 
ancestry, national origin, familial status or any previous actions seeking and receiving 
an order of protection under Title 19‑A, section 4007 a final protection order under 
Title 19-A, section 4110 or a substantially similar provision of the law of another state 
or country 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, ancestry, national origin, familial status or any previous 
actions seeking and receiving an order of protection under Title 19‑A, section 4007 a 
final protection order under Title 19-A, section 4110 or a substantially similar 
provision of the law of another state or country; 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. 6.  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; 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 spouses 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.
SUMMARY
This bill amends the Maine Human Rights Act to correct references to orders of 
protection under the Maine Revised Statutes, Title 19-A, former section 4007, which was 
repealed on January 1, 2023, to final protection orders under Title 19-A, section 4110.  The 
bill also provides protection from discrimination for individuals who have received 
substantially similar orders of protection from courts in other states or countries.
The bill also changes a reference from "husband and wife" to "spouses" in a provision 
of the Maine Human Rights Act that addresses fair credit extension.
Finally, the bill replaces the Chief Compliance Officer, a position that no longer exists, 
with the Commission Counsel as a major policy-influencing position within the Maine 
Human Rights Commission.