reglab/statecodes huggingface dataset:
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 3 - EMPLOYMENT REGULATIONS of the MAINE HUMAN RIGHTS COMMISSION › Section 348-3-16 - SEXUAL ORIENTATION OR GENDER IDENTITY DISCRIMINATION

Current through 2024-29, July 17, 2024
In addition to any other unlawful practice on the basis of
				  sexual orientation or gender identity prohibited by this chapter or the
				  Act:
1.
Obligation to make
				reasonable accommodations
A. It is
				unlawful employment discrimination for an employer, employment agency or labor
				organization to fail or refuse to make reasonable accommodations in rules,
				policies, practices or services that apply directly or indirectly to gender
				identity or gender expression, unless the covered entity can demonstrate that
				the accommodations would impose an undue hardship on the conduct of the
				business of the covered entity.
B.
				It is an unlawful employment practice for an employer, employment agency or
				labor organization to deny employment or labor organization membership
				opportunities to an applicant, employee or labor organization member if the
				denial is based on the need of the covered entity to make reasonable
				accommodations in rules, policies, practices or services that apply directly or
				indirectly to gender identity or gender expression, unless the covered entity
				can demonstrate that the accommodations would impose an undue hardship on the
				operation of the business of the covered entity.
C. With respect to the two preceding
				paragraphs, the burden of proof on the issue of whether the accommodations
				would impose an undue hardship is on the employer, employment agency or labor
				organization. Resolution of such cases depends on the specific factual
				circumstances and involves a balancing of the needs of the applicant, employee
				or labor organization member with the degree of hardship imposed on the covered
				entity's business operation.
D. An
				employer, employment agency, or labor organization cannot establish an undue
				hardship by asserting that the individual's sexual orientation or gender
				identity, or their expression of their sexual orientation or gender identity,
				would make others uncomfortable.
E.
				Examples of potential reasonable accommodations include, but are not limited
				to, allowing employees to go by the name of their choosing rather than their
				legal names while in the workplace; providing gender-neutral/nongendered
				restrooms; and modifying any uniform or dress code requirements to allow
				employees to dress in accordance with their gender identity.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 3 - EMPLOYMENT REGULATIONS of the MAINE HUMAN RIGHTS COMMISSION › Section 348-3-18 - INDIVIDUALS WHO HAVE BEEN ISSUED ORDERS OF PROTECTION FROM ABUSE

Current through 2024-29, July 17, 2024
In addition to any other unlawful practice on the basis of
				  and individual's receipt of a permanent protection from abuse order prohibited
				  by this chapter or the Act:
1. The
				protections from discrimination for individuals who have received an order of
				protection shall apply to individuals with an active or current order of
				protection as well as individuals who have sought and/or obtained such an order
				in the past. In order to prevail, an individual must establish that the alleged
				discrimination was based on the issuance of the order, and/or assumptions or
				stereotypes about individuals with such orders.
2. Reasonable accommodations. It is unlawful
				discrimination for an employer, employment agency, or labor organization to
				fail upon request to provide a reasonable accommodation for an employee who
				requires one because of their receipt of an order of protection unless the
				employer, employment agency, or labor organization establishes that providing
				an accommodation would amount to an undue hardship on the operation of the
				business. Reasonable accommodations based on an order of protection may
				include, but are not limited to, alterations in work schedules, assignments, or
				locations; assigning or reassigning parking spaces; or other changes that are
				necessary in order to enforce limitations contained in the order of protection.
3. Orders of protection issued in
				other states. While the Act specifically references only orders of protection
				issued in the State of Maine, the Commission will consider claims of unlawful
				discrimination based on orders of protection obtained in other states to the
				extent those orders of protection are shown by the employee or applicant to be
				substantially equivalent to orders of protection issued under 19-A M.R.S.
				§
									4007.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 3 - EMPLOYMENT REGULATIONS of the MAINE HUMAN RIGHTS COMMISSION › Section 348-3-19 - RACE AND COLOR DISCRIMINATION

Current through 2024-29, July 17, 2024
In addition to any other unlawful practice on the basis of
				  and individual's receipt of a permanent protection from abuse order prohibited
				  by this chapter or the Act:
1.
				Unlawful discrimination includes discrimination because of race and/or color.
				The Commission defines race and color broadly as including, but not limited to,
				the denial of equal employment opportunity because of an individual's race
				and/or color; or because an individual has physical, cultural or linguistic
				characteristics associated with a particular race and/or color.
a. These protected traits include, but are
				not limited to, natural hair texture, Afro hair styles, and protective hair
				styles (such as braids, twists, and locks).
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 3 - EMPLOYMENT REGULATIONS of the MAINE HUMAN RIGHTS COMMISSION › Section 348-3-20 - RETALIATION, INTERFERENCE, AND OTHER UNLAWFUL DISCRIMINATION

Current through 2024-29, July 17, 2024
1. Except as otherwise permitted by this
				chapter, it is unlawful discrimination for a person to:
A. Discriminate against any individual
				because that individual has opposed any act or practice that is unlawful under
				the Act or because that individual made a charge, testified, assisted or
				participated in any manner in an investigation, proceeding or hearing under the
				Act;
B. Coerce, intimidate,
				threaten or interfere with any individual in the exercise or enjoyment of the
				rights granted or protected by the Act or because that individual has exercised
				or enjoyed, or has aided or encouraged another individual in the exercise or
				enjoyment of, those rights;
C. Aid,
				abet, incite, compel or coerce another to do any type of unlawful employment
				discrimination;
D. Obstruct or
				prevent any person from complying with this Act or any order issued under
				it;
E. Attempt to do any act of
				unlawful discrimination;
F. Punish
				or penalize, or attempt to punish or penalize, any person for seeking to
				exercise any of the civil rights declared by the Act; or
G. Engage in the prohibited acts described in
				§
										5 of this
				chapter.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 4 - EQUAL EDUCATIONAL OPPORTUNITY › Section 348-4-01 - GENERALLY

Current through 2024-29, July 17, 2024
A. Purpose
Pursuant to Title 5, M.R.S.A., §§ 4551
et
				  seq
., as amended by P.L. 1983 c. 578, the Maine Human Rights
				  Commission and the Commissioner of Education adopt this rule designed to assure
				  nondiscrimination on the basis of sex in the educational institutions of the
				  State of Maine.
B. Effect
This rule shall be accorded the full force and effect of
				  interpretative administrative regulations.
C. Construction
(1) Consistent with the public policy
				underlying the Maine Human Rights Act, this rule shall be liberally construed
				to accomplish the purposes of the governing legislation.
(2) Should any provision or the application
				of any provision of this rule to any educational institution, be held invalid,
				such invalidity shall not affect other provisions or applications which can be
				given effect without the invalid provision or its application.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 4 - EQUAL EDUCATIONAL OPPORTUNITY › Section 348-4-02 - DEFINITIONS

Current through 2024-29, July 17, 2024
All terms used in this rule, unless the context otherwise
				  indicates, shall have the same meaning as in the Maine Human Rights Act, Title
				  5, M.R.S.A. §§ 4551,
et seq
., and applicable
				  provisions of Title 20-A.
A.
				Commission: "Commission" shall mean the Maine Human Rights
				Commission.
B. Educational
				institution: "Educational institution" shall mean any public school or
				educational program, any public post-secondary institution, and any private
				school or educational program approved for tuition purposes if both male and
				female students are admitted, and the governing body of each such school or
				program. The governing body shall include, as appropriate, school committees,
				boards of directors of school administrative units, cooperative boards of
				vocational regions, the boards of trustees of the University of Maine and Maine
				maritime Academy, the State Board of Education for the vocational-technical
				institutes, the Commissioner of Education for schools in the unorganized
				territory and the Governor Baxter School for the Deaf, and boards of trustees
				or directors of private schools.
C.
				Unlawful educational discrimination: "Unlawful educational discrimination"
				shall mean action on the basis of sex to:
(1)
				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;
(2) Deny a person equal opportunity in
				athletic programs;
(3) Apply any
				rule concerning the actual or potential family or marital status of a person or
				to exclude any person from any program or activity because of pregnancy or
				related conditions;
(4) Deny
				admission to the institution or program or to fail to provide equal access to
				and information about an institution or program through recruitment;
				or
(5) Deny financial assistance
				availability and opportunity.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 4 - EQUAL EDUCATIONAL OPPORTUNITY › Section 348-4-03 - GENERAL REQUIREMENT OF NONDISCRIMINATION

Current through 2024-29, July 17, 2024
A.
				Nondiscrimination
The right to freedom from discrimination on the basis of sex
				  in public and publicly supported educational institutions is recognized and
				  declared to be a civil right. This right includes the opportunity for an
				  individual at an educational institution to participate in all academic and
				  extra-curricular programs and related activities without discrimination on the
				  basis of sex.
B.
				Affirmative Action
Remedial action which results in preferential treatment of
				  one sex, undertaken pursuant to court order or a formal consent decree or
				  settlement as the result of action by an authorized federal or state agency,
				  shall not be unlawful educational discrimination for purposes of the
				  Act.
Affirmative action resulting in preferential treatment of one
				  sex, if undertaken pursuant to an affirmative action plan adopted by the
				  governing body of the institution, shall be deemed not to be unlawful
				  educational discrimination under the Act. Such affirmative action plans may be
				  adopted in the absence of a finding of unlawful educational discrimination to
				  overcome the effects of conditions of the past which have resulted in limited
				  participation by persons of one sex and may involve special recruitment,
				  counseling and other efforts to encourage the participation of members of that
				  sex in programs or activities traditionally entered by the opposite sex.
				  Neither sex can be entirely excluded from any activity by such affirmative
				  action efforts. Nothing in this section, however, shall limit the ability of an
				  educational institution to sponsor a single sex team in interscholastic or
				  intercollegiate athletic competitions in compliance with §4.11(C).
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 4 - EQUAL EDUCATIONAL OPPORTUNITY › Section 348-4-04 - ADMISSIONS

Current through 2024-29, July 17, 2024
A. General
No person shall, on the basis of sex, be denied admission, or
				  be subjected to discrimination in admission by any educational institution to
				  which the Act applies.
B.
				Specific Prohibitions
(1) In determining
				whether a person satisfies any policy or criterion for admission, or in making
				any offer or referral of admission, a educational institution shall not:
a. Give preference to one person over another
				on the basis of sex, by ranking applicants separately on such basis, or
				otherwise;
b. Apply numerical
				limitations upon the number or proportion of persons of either sex who may be
				admitted; or
c. Otherwise treat one
				individual differently from another on the basis of sex.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 4 - EQUAL EDUCATIONAL OPPORTUNITY › Section 348-4-05 - RECRUITMENT

Current through 2024-29, July 17, 2024
An educational institution shall not discriminate on the
				  basis of sex in the recruitment of students. Written materials or recruitment
				  activities used by an educational institution to recruit students shall not
				  contain references suggesting the predominance of one sex or preference for one
				  sex.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 4 - EQUAL EDUCATIONAL OPPORTUNITY › Section 348-4-06 - ACADEMIC PROGRAMS

Current through 2024-29, July 17, 2024
A. Availability of
				Programs and Courses
Each and every academic program and course offered by an
				  educational institution shall be open and available to students regardless of
				  sex. Nothing herein shall be construed to prohibit the use of prerequisites
				  that have been demonstrated to be essential to success in a given program or
				  course. However, if participation in a program or course is dependent upon
				  completion of a prerequisite which was previously limited to students of one
				  sex, then all members of the previously excluded group shall be given the
				  opportunity to acquire the prerequisites or be allowed to enter the program or
				  course without such prerequisites. If it cannot be shown that a prerequisite is
				  essential to success in a given program or course, the prerequisite shall be
				  abolished.
B. Required
				Courses
The determination of what courses are required of any student
				  shall be made without regard to sex.
C. Scheduling of Classes
The scheduling of students into classes shall not be done on
				  the basis of sex, except as authorized in sections 4.09 and 4.18.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 4 - EQUAL EDUCATIONAL OPPORTUNITY › Section 348-4-07 - VOCATIONAL PROGRAMS

Current through 2024-29, July 17, 2024
The assignment of students into vocational programs or
				  courses, including cooperative education, apprenticeships or on-the-job
				  training sites, shall not be done on the basis of sex. Each educational
				  institution shall require cooperating employers, vocational trainers, and
				  special contractors to pledge that opportunities will not be restricted on the
				  basis of sex. Where there is reasonable evidence of discrimination on the basis
				  of sex, responsible officials of the educational institution shall take
				  appropriate corrective action, including, but not limited to, terminating the
				  relationship with the outside person.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 4 - EQUAL EDUCATIONAL OPPORTUNITY › Section 348-4-08 - PHYSICAL EDUCATION

Current through 2024-29, July 17, 2024
A. Assignments
The assignment of students to physical education courses
				  shall not be done on the basis of sex. This section does not prohibit the
				  grouping of students in physical education classes by ability as assessed by
				  objective standards of individual performance developed and applied without
				  regard to sex.
B. Effective
				Date
With respect to physical education courses at the secondary
				  and postsecondary levels, the educational institution shall comply fully with
				  this section as expeditiously as possible but in no event later than January 1,
				  1985.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 4 - EQUAL EDUCATIONAL OPPORTUNITY › Section 348-4-09 - HUMAN SEXUALITY

Current through 2024-29, July 17, 2024
Portions of courses in elementary and secondary schools which
				  exclusively treat the topic of human sexuality may be conducted in separate
				  sessions for boys and girls.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 4 - EQUAL EDUCATIONAL OPPORTUNITY › Section 348-4-10 - VOCAL INSTRUCTION

Current through 2024-29, July 17, 2024
Educational institutions may establish standards for
				  participation based on vocal range or quality which result in a chorus or
				  choruses of one sex so long as comparable alternative vocal musical
				  opportunities are available to students of the opposite sex.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 4 - EQUAL EDUCATIONAL OPPORTUNITY › Section 348-4-12 - COUNSELING

Current through 2024-29, July 17, 2024
A. Counseling
An educational institution shall not discriminate against any
				  person on the basis of sex in the counseling or guidance of students or
				  applicants.
B. Use of
				Appraisal and Counseling Materials
An educational institution which uses testing or other
				  materials for appraising or counseling students shall not use different
				  materials for students on the basis of their sex or use materials which permit
				  or require different treatment of students on such basis unless such different
				  materials cover the same occupations and interest areas and the use of such
				  different materials would encourage members of one sex to enter programs or
				  activities which are traditionally entered by the opposite sex.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 4 - EQUAL EDUCATIONAL OPPORTUNITY › Section 348-4-13 - COMPARABLE FACILITIES

Current through 2024-29, July 17, 2024
An educational institution may provide separate toilet,
				  locker room, and shower facilities on the basis of sex, but such facilities
				  provided for students of one sex shall be comparable to such facilities
				  provided for students of the other sex.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 4 - EQUAL EDUCATIONAL OPPORTUNITY › Section 348-4-14 - HOUSING

Current through 2024-29, July 17, 2024
A. Generally
An educational institution shall not, on the basis of sex,
				  apply different rules or regulations, impose different fees or requirements, or
				  offer different services or benefits related to housing, except as provided in
				  this section (including housing provided only to married students).
B. Separate Housing Facilities
An educational institution may provide separate housing on
				  the basis of sex. However, housing provided by an educational institution to
				  students of one sex, when compared to that provided to students of the other
				  sex, shall be as a whole:
(1)
				Proportionate in quantity to the number of students of that sex applying for
				such housing, and
(2) Comparable in
				quality and cost to the student.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 4 - EQUAL EDUCATIONAL OPPORTUNITY › Section 348-4-15 - FINANCIAL ASSISTANCE

Current through 2024-29, July 17, 2024
A. General
Except as provided in subsections B and C of this section, an
				  educational institution, in providing financial assistance to any of its
				  students shall not:
(1) On the basis
				of sex, provide different amount of types of such assistance, limit eligibility
				for such assistance which is of any particular type or source, apply different
				criteria, or otherwise discriminate;
(2) Apply any rule concerning eligibility for
				such assistance which treats persons of one sex differently from persons of the
				other sex with regard to marital or parental status.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 4 - EQUAL EDUCATIONAL OPPORTUNITY › Section 348-4-16 - EMPLOYMENT ASSISTANCE TO STUDENTS

Current through 2024-29, July 17, 2024
A. Assistance by
				Educational Institution in Making Available Outside Employment
An educational institution which assists any agency,
				  organization, business or person in making employment available to any of its
				  students shall meet the following:
(1)
				It shall take reasonable steps to assure that such employment is made available
				without discrimination on the basis of sex; and
(2) It shall not render such services to any
				agency, organization, business or person which discriminates on the basis of
				sex in its employment practices; and shall issue that any employment
				recruitment activities are offered to both male and female students in a
				non-discriminatory manner.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 4 - EQUAL EDUCATIONAL OPPORTUNITY › Section 348-4-17 - HEALTH AND INSURANCE BENEFITS AND SERVICES

Current through 2024-29, July 17, 2024
In providing a medical, hospital, accident, or life insurance
				  benefit, service, policy, or plan to any of its students, an educational
				  institution shall not discriminate on the basis of sex, or provide such
				  benefit, service, policy, or plan in a manner which would constitute
				  discrimination on the basis of sex.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 4 - EQUAL EDUCATIONAL OPPORTUNITY › Section 348-4-18 - MARITAL OR PARENTAL STATUS

Current through 2024-29, July 17, 2024
An educational institution shall not establish or implement
				  any policy concerning a student's actual or potential parental, family, or
				  marital status which treats students differently on the basis of sex.
B. Pregnancy and Related Conditions
(1) An educational institution shall not
				unlawfully discriminate against any student, or exclude any student from any
				program or course activity on the basis of such student's pregnancy,
				childbirth, false pregnancy, termination of pregnancy or recovery
				therefrom.
(2) An educational
				institution may require such a student to obtain the certification of a
				physician that the student is able to continue participation in the regularly
				scheduled program, course or activity so long as such a certification is
				required of all students for other conditions which may require the attention
				of a physician.
(3) An educational
				institution which operates a portion of its programs or activities separately
				for pregnant students, admission to which is voluntary on the part of the
				student as provided in paragraph (b) (1) of this section, shall ensure that the
				separate instruction is comparable to that offered to other students.
(4) An educational institution shall treat
				pregnancy, childbirth, false pregnancy, termination of pregnancy and recovery
				therefrom in the same manner and under the same policies as any other temporary
				disability with respect to any medical or hospital benefit service, plan, or
				policy which such educational institution administers, operates, offers, or
				participates in with respect to students admitted to the institution's
				educational programs.
(5) In the
				case of an educational institution which does not maintain a leave policy for
				its students, or in the case of a student who does not otherwise qualify for
				leave under such a policy, an educational institution shall treat pregnancy,
				childbirth, false pregnancy, termination of pregnancy and recovery therefrom as
				a justification for a leave of absence for so long a period of time as is
				deemed medically necessary by the student's physician, at the conclusion of
				which the student shall be reinstated to the status which she held when the
				leave began.
Public schools, however, shall excuse students who are
				  disabled by pregnancy, as an excusable absence pursuant to Title 20-A, section
				  5001-A(4).
(6) Nothing in
				this rule shall prevent a school from providing educational programs/courses
				and related activities separately to pregnant students, who, with the consent
				of their parents, request to be excused from regular programs and
				activities.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 4 - EQUAL EDUCATIONAL OPPORTUNITY › Section 348-4-19 - SEXUAL HARASSMENT

Current through 2024-29, July 17, 2024
Harassment on the basis of sex shall be unlawful educational
				  discrimination within the meaning of Title 5, § 4602. This shall include
				  unwelcome sexual advances, requests for sexual favors and other verbal or
				  physical conduct of a sexual nature in the following situations:
(1) Submission to such conduct is made either
				explicitly or implicitly a term or condition of a student's educational
				benefits;
(2) Submission to or
				rejection of such conduct by a student is used as the basis for decisions on
				educational benefits;
(3) Such
				conduct has the purpose or effect of substantially interfering with an
				individual's academic performance or creating an intimidating, hostile or
				offensive educational environment.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 4 - EQUAL EDUCATIONAL OPPORTUNITY › Section 348-4-20 - EXCLUSIONS

Current through 2024-29, July 17, 2024
A. Social Fraternities and Sororities
This rule does not apply to the membership practices of
				  social fraternities and sororities which are exempt from taxation under Section
				  501(a) of the Internal Revenue Code of 1954, the active membership of which
				  consists of students at institutions of higher education.
B. Special Occasions or Events
This rule does not prohibit the occasional holding of special
				  events organized for members of one sex, such as father-son, mother-daughter
				  dinners.
C. Single Sex
				Organizations
This rule does not prohibit the single-sex membership
				  practices of The Girl Scouts, Boy Scouts, Young Men's Christian Association,
				  Young Women's Christian Association, Boys State, Girls State, or other such
				  groups which may use the facilities of the educational institution.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 4-A - PROCEDURAL RULE: EQUAL EDUCATIONAL OPPORTUNITY › Section 348-4-A-01 - GENERALLY

Current through 2024-29, July 17, 2024
Pursuant to
				   5 M.R.S.A. §4603
				  the Maine Human Rights Commission and the Commissioner of Education adopt this
				  rule as a companion procedural rule to Chapter 4 on Equal Educational
				  Opportunity. This rule shall govern the procedure to be followed in processing
				  claims of unlawful educational discrimination filed with the
				  Commission.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 4-A - PROCEDURAL RULE: EQUAL EDUCATIONAL OPPORTUNITY › Section 348-4-A-02 - DEFINITIONS

Current through 2024-29, July 17, 2024
All terms used in this rule, unless the context otherwise
				  indicates, shall have the same definition as in the Maine Human Rights Act,
				   5 M.R.S.A.
				  §§4551,
et seq
.
				  (the Act), and applicable provisions of Title 20-A, Maine Revised
				  Statutes.
A.
Commission
:
				"Commission" shall mean the Maine Human Rights Commission.
B.
Educational Institution
:
				"Educational institution" shall mean any public school or educational program,
				any public postsecondary institution, including the University of Maine System
				and the Maine Maritime Academy, and any private school or educational program
				approved for tuition purposes if both male and female students are admitted,
				and the governing body of each such school program. The governing body shall
				include, but not be limited to, school committees, boards of directors,
				regional boards of vocational regions, the boards of trustees of the University
				of Maine System and Maine Maritime Academy, the State Board of Education for
				the vocational technical institutes, the Commissioner of Education for schools
				in the unorganized territory and the Governor Baxter School for the Deaf and
				the board of trustees or directors of private schools or programs.
C.
Unlawful educational
				discrimination
: "Unlawful educational discrimination" shall mean action
				on the basis of sex to:
(1) 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;
(2)
				Deny a person equal opportunity in athletic programs;
(3) Apply any rule concerning the actual or
				potential family or marital status of a person or to exclude any person from
				any program or activity because of pregnancy or related conditions;
(4) Deny admission to the institution or
				program or to fail to provide equal access to and information about an
				institution or program through recruitment; or
(5) Deny financial assistance availability
				and opportunity.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 4-A - PROCEDURAL RULE: EQUAL EDUCATIONAL OPPORTUNITY › Section 348-4-A-03 - COMPLAINTS

Current through 2024-29, July 17, 2024
A.
Who May File
(1) Any person who believes that he/she has
				been subjected to unlawful educational discrimination may file a complaint with
				the Maine Human Rights Commission (the Commission).
Where the complainant is a minor or legally incompetent
				  person, the complaint shall be filed by her/his parent or legal guardian or, if
				  none, by the adult with whom the complainant resides and who exercises parental
				  responsibilities.
(2) Any
				employee of the Commission may file a complaint with the Commission alleging an
				act or practice of unlawful educational discrimination.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 4-A - PROCEDURAL RULE: EQUAL EDUCATIONAL OPPORTUNITY › Section 348-4-A-04 - NOTIFICATION

Current through 2024-29, July 17, 2024
Whenever a complaint has been filed, pre-screened,
				  notarized, and assigned a case number, the educational institution against
				  which the complaint has been filed, referred to hereafter as the respondent,
				  will be notified and provided with a copy of the complaint. Notification shall
				  be given to the chair of the educational institution's governing board and the
				  chief administrative officer of the educational institution. The complainant
				  will be provided with a copy of the notification. The notice will advise the
				  parties of time limits applicable to complaint processing under this chapter
				  and of the procedural rights and obligations of the parties under the Act and
				  this chapter. The notice will advise the parties of the complainant's right to
				  commence a civil action in the Superior Court. The notice will advise the
				  respondent that it is unlawful to discriminate against any person because the
				  person made a complaint or testified, assisted, or participated in an
				  investigation, proceeding, or hearing under the Act. The Commissioner of
				  Education shall also receive notice of any allegations of unlawful educational
				  discrimination in all public schools and programs and in private schools and
				  programs approved for tuition purposes.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 4-A - PROCEDURAL RULE: EQUAL EDUCATIONAL OPPORTUNITY › Section 348-4-A-05 - REFERRAL TO LOCAL GRIEVANCE PROCEDURES

Current through 2024-29, July 17, 2024
A.
Referral for Action Through Local Grievance Procedure
The Commission and its representatives shall refer
				  complaints to the respondent educational institution for ten (10) days to
				  enable the grievance procedure established by the educational institution to
				  review the complaint and resolve the matter with the complainant, prior to
				  investigatory action or settlement discussions by the Commission or its
				  representatives.
B.
Exceptions
The Commission is not required to refer any complaint where
				  the educational institution has not established a grievance procedure or where
				  the complaint alleges sexual harassment by a member of the educational
				  institution.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 4-A - PROCEDURAL RULE: EQUAL EDUCATIONAL OPPORTUNITY › Section 348-4-A-06 - EARLY RESOLUTION SETTLEMENT

Current through 2024-29, July 17, 2024
A.
Settlement
				Discussion
After notification and prior to a determination of whether
				  there are reasonable grounds to believe that unlawful educational
				  discrimination has occurred, the Commission's Compliance Manager or her/his
				  designee will engage in a settlement discussion. The Compliance Manager will
				  encourage written agreements between the parties to resolve the matter. The
				  Compliance Manager may also offer the parties an opportunity to participate in
				  a third-party neutral mediation program established by the Commission.
B.
Early Resolution
Prior to a determination by the Commission of whether there
				  are reasonable grounds to believe that unlawful discrimination has occurred, if
				  the matter is resolved to the mutual satisfaction of the complainant and
				  respondent and to the satisfaction of the Commission's Executive Director or
				  her/his designee, the Executive Director or her/his designee shall have the
				  authority to sign any settlement agreement on behalf of the Commission,
				  together with the parties. When the Commission agrees in any negotiated
				  settlement not to process that complaint further, the Commission's agreement
				  shall be in consideration for the promises made by the other parties to the
				  agreement. The complaint will be dismissed by the Executive Director or her/his
				  designee upon ascertainment that the terms of the agreement have been
				  met.
B-1. In the alternative, the
				Commission's Compliance Manager or her/his designee or a mediator assigned
				pursuant to a third-party neutral mediation program established by the
				Commission may facilitate a settlement between the parties resulting in the
				withdrawal of the complaint pursuant to 4-A.03(G).
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 4-A - PROCEDURAL RULE: EQUAL EDUCATIONAL OPPORTUNITY › Section 348-4-A-07-A - COMMISSION MEETING

Current through 2024-29, July 17, 2024
The Commission may allow the parties and the Commissioner of
				  Education to make an oral presentation on information related to the complaint
				  of discrimination at a monthly Commission meeting. Information presented must
				  comply with 4-A.07(G). The Commission may impose time limits.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 4-A - PROCEDURAL RULE: EQUAL EDUCATIONAL OPPORTUNITY › Section 348-4-A-08 - COMMISSION DECISION UNDER NON-EMERGENCY PROCEDURE

Current through 2024-29, July 17, 2024
After considering the Investigator's Report, written
				  submissions, if any, and other related information, the Commission will make a
				  determination whether reasonable grounds exist to believe that unlawful
				  educational discrimination has occurred. The Commission shall issue a Statement
				  of Finding in support of its determination.
A.
No Reasonable Grounds
If the Commission finds no reasonable grounds to believe
				  that unlawful educational discrimination has occurred, it will enter an order
				  dismissing the complaint. The Commission shall promptly notify the parties and
				  provide each with a copy of its Statement of Finding.
B.
Reasonable Grounds
If the Commission finds reasonable grounds to believe that
				  unlawful educational discrimination has occurred, it will so notify the parties
				  of its determination and provide each with a copy of its Statement of Finding.
				  The Commission's Compliance Manager or her/his designee will then endeavor to
				  resolve the matter by informal means such as conference, conciliation, or
				  persuasion. If the matter is resolved to the mutual satisfaction of the
				  complainant and respondent and to the satisfaction of the Commission, as
				  evidenced in a signed written agreement between the parties, approved by a
				  majority of the Commission, the proceeding will be dismissed upon ascertainment
				  by the Commission's Executive Director or her/his designee that the terms of
				  the signed agreement have been met.
C.
Request for Attorney General's
				Opinion
If the Commission determines that it is unable to make a
				  determination whether reasonable grounds exist to believe that unlawful
				  educational discrimination has occurred because of legal questions it may
				  request an Attorney General's opinion and postpone the issue and a statement of
				  finding until receipt of an opinion. The Commissioner of Education shall be
				  notified of any request for an opinion of the Attorney General.
D.
New Investigation
If, subsequent to a finding, the Commission determines that
				  there have been relevant factual errors or omissions of fact, that, if they are
				  true, would likely change the finding of the Commission, it may order a new
				  investigation of the matter. The Commission will promptly notify the parties of
				  its decision to investigate the matter again.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 4-A - PROCEDURAL RULE: EQUAL EDUCATIONAL OPPORTUNITY › Section 348-4-A-09 - COMMISSION DECISION UNDER EMERGENCY PROCEDURE

Current through 2024-29, July 17, 2024
If the preliminary investigation of the complaint persuades
				  the Commission's Executive Director, or other designated representative, that a
				  situation comparable to those described in 5°M.R.S.A. § 4612(4)(B)
				  exists, the Executive Director, or representative, shall so notify the
				  Commission. As soon as practical after notification, the Commission will
				  consider the matter by means of a special meeting or other appropriate method.
				  The Executive Director or other designated employee will take all reasonable
				  steps to notify the parties of the special meeting or other appropriate method
				  and of their right to participate.
A.
No Reasonable Grounds
If the Commission finds no reasonable grounds to believe
				  that unlawful educational discrimination has occurred, it will issue an order
				  dismissing the complaint. The Commission shall promptly notify the parties of
				  the dismissal and provide each with a copy of its Statement of Finding.
B.
Reasonable Grounds
If the Commission finds reasonable grounds to believe that
				  unlawful educational discrimination has occurred, but does not believe that
				  irreparable injury or great inconvenience will be caused to the victim or
				  victims of such discrimination if relief is not immediately granted, it will
				  notify the parties of its determination, provide each with a copy of its
				  Statement of Finding, and process the complaint under its non-emergency
				  procedures.
C.
Immediate Relief
If the Commission finds reasonable grounds to believe that
				  unlawful educational discrimination has occurred and further believes that
				  irreparable injury or great inconvenience will be caused the victim or victims
				  of such discrimination, it may request the Commission Counsel or her/his
				  designee to file a civil action in the Superior Court seeking appropriate
				  relief. As soon thereafter as practicable, the Commission shall issue a
				  statement of Finding in support of its determination.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 4-A - PROCEDURAL RULE: EQUAL EDUCATIONAL OPPORTUNITY › Section 348-4-A-11 - PROCEDURE AFTER FAILURE OF CONCILIATION

Current through 2024-29, July 17, 2024
A.
Failed Conciliation
If the Commission's Compliance Manager or her/his designee
				  determines that conciliation efforts have failed, she/he shall so notify the
				  complainant and respondent.
B.
Legal Action
When post-determination conciliation efforts have failed,
				  the Commission Counsel or her/his designee is authorized to file a civil action
				  in the Superior Court seeking appropriate relief, including, but not limited
				  to, temporary restraining orders and preliminary injunctions.
C.
Referral to Complainant
When the Commission Counsel or her/his designee is unable to
				  file expeditiously such a civil action, the Commission shall so notify the
				  complainant of her/his right to file a civil action pursuant to 5 M.R.S.A.
				  §4621, and make available a referral list of attorneys who have indicated
				  an interest in undertaking such litigation. The Commission shall furnish any
				  attorney who is retained by the complainant, upon request, with access to the
				  investigatory case file and will provide such assistance as is reasonably
				  possible under the existing circumstances. Referral under this subsection does
				  not terminate the Commission's jurisdiction of the proceeding.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 4-A - PROCEDURAL RULE: EQUAL EDUCATIONAL OPPORTUNITY › Section 348-4-A-12 - TIME LIMITS

Current through 2024-29, July 17, 2024
A.
Deadlines
When these regulations established any time limit for the
				  filing, submission, or production of any document, record, file or other
				  possible source of evidence
,
or for the filing of any request with the
				  Commission, such item must be received in the office of the Commission before
				  the close of business on the last day of the time limit.
B.
Computation of Time
In computing any period of time prescribed or allowed by
				  this rule, the day of the act, event, or default from or after which the
				  designated period of time begins to run shall not he included. The last day of
				  the period shall be included, unless it is a Saturday, Sunday, or legal state
				  or federal holiday, in which event the period shall run until the end of the
				  next day that is not a Saturday, Sunday, or legal state or federal
				  holiday.
C.
Extension
				of Time
The Commission's Executive Director or her/his designee, or
				  the Commission
,
may extend any time limit established
				  in this chapter for good cause shown, and shall notify the parties of any such
				  extension.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 4-A - PROCEDURAL RULE: EQUAL EDUCATIONAL OPPORTUNITY › Section 348-4-A-13 - ADVISORY RULINGS

Current through 2024-29, July 17, 2024
A. Upon written
				request of any interested person, the Commission's Compliance Manager or
				her/his designee may make an advisory ruling with respect to the applicability
				of the Maine Human Rights Act or the rules promulgated by the Commission to
				that person or an actual state of facts.
B. Advisory rulings made pursuant to this
				section shall not be binding upon the Commission, provided that, in any
				subsequent civil action initiated by the Commission, any person's justifiable
				reliance upon the ruling shall be considered in mitigation of any civil penal
				damages or punitive damages sought by the Commission.
Fiscal Impact Note: This proposed rule will not impose any
				  cost on municipalities or counties.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 5 - PUBLIC ACCOMMODATIONS REGULATIONS RELATING TO PHYSICAL OR MENTAL DISABILITY DISCRIMINATION IN PUBLIC CONVEYANCES OF THE MAINE HUMAN RIGHTS COMMISSION › Part I - GENERALLY

Current through 2024-29, July 17, 2024
A.
Purpose
Pursuant to Title 5 M.R.S.A., §4566(7), the Maine Human
				  Rights Commission has adopted the following regulations which are designed to
				  inform owners and agents of public conveyances, persons with physical or mental
				  disabilities, and other interested parties of the Commission's interpretation
				  of the Maine Human Rights Act, Title 5 M.R.S.A., §4551,
et
				  seq
., hereafter referred to as "The Act" and in particular Subchapter
				  V, Public Accommodations, § 4591 and § 4592.
B.
Effect
These regulations shall be accorded the full force and effect
				  of interpretive administrative regulations.
C.
Construction
(1) Consistent with the public policy
				underlying the Act (as expressed in § 4552 ) and with firmly established
				principles for the interpretation of such humanitarian legislation, the
				remedial provisions of the Act shall be given broad construction and its
				exceptions shall be construed narrowly.
(2) The provisions of these regulations are
				severable. If any provision or the application of any provision of these
				regulations to any person or circumstances is invalid, such invalidity shall
				not affect other provisions or applications which can be given effect without
				the invalid provision or application.