An Act to Correct Outdated References Regarding the Maine
Maine Legislature, Session 132, LD 1898
Sponsors: MOONEN
Amends: 5 MRSA §4572, 5 MRSA §4581, 5 MRSA §4581-A

Legislative Document
No. 1898
H.P. 1269
House of Representatives, May 5, 2025
An Act to Correct Outdated References Regarding the Maine 
Human Rights Act
Received by the Clerk of the House on May 1, 2025.  Referred to the Committee on 
Judiciary pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401.
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 §4572, sub-§1, as amended by PL 2021, c. 293, Pt. B, §2 and 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, former section 4007 or a final 
protection order pursuant to Title 19-A, section 4110 or pursuant to a substantially 
similar provision of the law of another state or nation; 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, former 
section 4007 or a final protection order pursuant to Title 19-A, section 4110 or pursuant 
to a substantially similar provision of the law of another state or nation.
(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, former section 4007 or a final protection order pursuant to Title 19-A, section 
4110 or pursuant to a substantially similar provision of the law of another state or 
nation; 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 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, former section 4007 or a final protection order 
pursuant to Title 19-A, section 4110 or pursuant to a substantially similar provision of 
the law of another state or nation;
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, former section 4007 or a final protection order pursuant to Title 19-A, 
section 4110 or pursuant to a substantially similar provision of the law of another state 
or nation; 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, former section 4007 or a final 
protection order pursuant to Title 19-A, section 4110 or pursuant to a substantially 
similar provision of the law of another state or nation; 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, former section 4007 or a 
final protection order pursuant to Title 19-A, section 4110 or pursuant to a 
substantially similar provision of the law of another state or nation;
(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, former section 4007 or a final protection order pursuant to Title 
19-A, section 4110 or pursuant to a substantially similar provision of the law of 
another state or nation, 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, former section 4007 or a 
final protection order pursuant to Title 19-A, section 4110 or pursuant to a 
substantially similar provision of the law of another state or nation.  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, former section 4007 or a final protection order 
pursuant to Title 19-A, section 4110 or pursuant to a substantially similar provision 
of the law of another state or nation; 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, former section 4007 or a final protection order pursuant to Title 
19-A, section 4110 or pursuant to a substantially similar provision of the law of 
another state or nation, 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. 2.  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, former section 4007 or a final protection order pursuant to Title 19-A, section 4110 
or pursuant to a substantially similar provision of the law of another state or nation, is 
hereby recognized as and declared to be a civil right.
Sec. 3.  5 MRSA §4581-A, sub-§1, as amended by PL 2021, c. 366, §8 and c. 476, 
§3, is further amended to read:
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, former section 4007 or a final protection order 
pursuant to Title 19-A, section 4110 or pursuant to a substantially similar provision of 
the law of another state or nation 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, former section 4007 or a final protection order pursuant 
to Title 19-A, section 4110 or pursuant to a substantially similar provision of the law 
of another state or nation;
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, former section 4007 or a final 
protection order pursuant to Title 19-A, section 4110 or pursuant to a substantially 
similar provision of the law of another state or nation 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, former section 4007 or a final protection order pursuant to Title 19-A, 
section 4110 or pursuant to a substantially similar provision of the law of another state 
or nation 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, former section 4007 or a 
final protection order pursuant to Title 19-A, section 4110 or pursuant to a substantially 
similar provision of the law of another state or nation;
Sec. 4.  5 MRSA §4581-A, sub-§2, as amended by PL 2021, c. 366, §9 and c. 476, 
§3, is further amended to read:
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, former section 
4007 or a final protection order pursuant to Title 19-A, section 4110 or pursuant to a 
substantially similar provision of the law of another state or nation;
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, former section 4007 or a final protection order pursuant 
to Title 19-A, section 4110 or pursuant to a substantially similar provision of the law 
of another state or nation, 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, 
former section 4007 or a final protection order pursuant to Title 19-A, section 4110 or 
pursuant to a substantially similar provision of the law of another state or nation;
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, former section 4007 or a final 
protection order pursuant to Title 19-A, section 4110 or pursuant to a substantially 
similar provision of the law of another state or nation 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, former section 4007 or a final 
protection order pursuant to Title 19-A, section 4110 or pursuant to a substantially 
similar provision of the law of another state or nation, 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;
Sec. 5.  5 MRSA §4581-A, sub-§3, as amended by PL 2021, c. 366, §10 and c. 476, 
§3, is further amended to read:
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, former section 4007 or a final protection order 
pursuant to Title 19-A, section 4110 or pursuant to a substantially similar provision of 
the law of another state or nation 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, former section 
4007 or a final protection order pursuant to Title 19-A, section 4110 or pursuant to a 
substantially similar provision of the law of another state or nation; or
SUMMARY
This bill modifies provisions of the Maine Human Rights Act to correct references to 
protection orders that were sought or received under the Maine Revised Statutes, Title 
19-A, former section 4007, which was repealed effective January 1, 2023.  The bill clarifies 
that it remains unlawful to discriminate against an individual on the basis of that 
individual's previous actions seeking or receiving an order of protection under the former 
law and that it is unlawful to discriminate against an individual on the basis of that 
individual's previous actions seeking or receiving a final protection order under the current 
law or under a substantially similar provision of the law of another state or nation.