reglab/statecodes huggingface dataset:
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 Ill - UNLAWFUL PHYSICAL OR MENTAL DISABILITY DISCRIMINATION IN PUBLIC CONVEYANCES

Current through 2024-29, July 17, 2024
A.
Unlawful Discrimination Specified in
				§ 4591 and § 4592 of the Act
(1) As stated in § 4591 of the Act, the
				opportunity for every individual to have equal access to places of public
				accommodation without discrimination because of physical or mental disability
				is recognized as and declared to be a civil right. §4553(8) defines "place
				of public accommodation" as including "all public conveyances operated on land,
				water or in the air as well as the stations and terminals thereof."
(2) As stated in § 4592 of the Act, it
				shall be unlawful public accommodations discrimination for any person, being
				the owner, operator, lessee, proprietor, manager, superintendent, agent or
				employee of any public conveyance, to directly or indirectly refuse, withhold
				from or deny to any person, on account of physical or mental disability, any of
				the accommodations, advantages, facilities or privileges of such public
				conveyance, or for such reason in any manner discriminate against any person in
				the price, terms or conditions upon which access to such accommodation,
				advantages, facilities and privileges may depend.
As stated in § 4592 of the Act, it shall be unlawful
				  public accommodations discrimination for any person to directly or indirectly
				  publish, circulate, issue, display, post or mail any written, printed, painted
				  or broadcast communication, notice or advertisement, to the effect that any of
				  the accommodations, advantages, facilities or privileges of any public
				  conveyance shall be refused, withheld from or denied to any person on account
				  of physical or mental disability, or that the patronage of any person having
				  any particular physical or mental disability is unwelcome, objectionable, or
				  not acceptable, desired or solicited, or that the clientele thereof is
				  restricted to members who do not have a particular physical or mental
				  disability. The production of any such written, printed, painted or broadcast
				  communication, notice or advertisement, purporting to relate to any such
				  conveyance, shall be presumptive evidence in any action that the same was
				  authorized by its owners, manager or proprietor.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 7 - PUBLIC ACCOMMODATIONS REGULATIONS OF THE MAINE HUMAN RIGHTS COMMISSION › Section 348-7-00 - Purpose, Effect, and Construction

Current through 2024-29, July 17, 2024
1.
Purpose
Pursuant to 5 M.R.S. §
										4566(7), the
				  Maine Human Rights Commission ("Commission") has adopted the following
				  regulations to implement Subchapter 5 of the
Maine Human Rights
				  Act
, 5 M.R.S. §§
										4551-4634 ("the Act" or
				  "MHRA"), which prohibits discrimination by public accommodations because of
				  protected class status.
2.
Effect
These regulations shall be accorded the full force and effect
				  of interpretative administrative regulations.
3.
Construction
A. 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.
B. 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.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 7 - PUBLIC ACCOMMODATIONS REGULATIONS OF THE MAINE HUMAN RIGHTS COMMISSION › Section 348-7-02 - General

Current through 2024-29, July 17, 2024
A.
Prohibition of discrimination
No individual shall be discriminated against on the basis of
				  protected classin the full and equal enjoyment of the goods, services,
				  facilities, privileges, advantages, or accommodations of any place of public
				  accommodation by any public or private entity who owns, leases (or leases to),
				  or operates a place of public accommodation.
B.
Landlord and tenant
				responsibilities
Both the landlord who owns the building that houses a place
				  of public accommodation and the tenant who owns or operates the place of public
				  accommodation are public accommodations subject to the requirements of this
				  part. As between the parties, allocation of responsibility for complying with
				  the obligations of this part may be determined by lease or other contract, but
				  that allocation shall not be binding on the Commission when investigating and
				  determining whether or not any covered entity has violated the Act.
C.
Restrictions based on
				age
It is not considered unlawful discrimination for a place of
				  public accommodation to deny access to its goods and services based on age in
				  order to comply with generally-applicable health and safety laws or
				  regulations. For example, it is not unlawful for a bar to deny access to
				  individuals who are not yet legally permitted to drink alcoholic beverages, or
				  for a store to refuse to sell goods, such as cigarettes, to individuals who
				  have not yet reached the legal age for use of those goods, or for a preschool
				  program to refuse to enroll adults.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 7 - PUBLIC ACCOMMODATIONS REGULATIONS OF THE MAINE HUMAN RIGHTS COMMISSION › Section 348-7-03 - Activities: Individuals with Disabilities

Current through 2024-29, July 17, 2024
A.
Denial of participation
A public accommodation shall not subject an individual or
				  class of individuals on the basis of a physical or mental disability or
				  disabilities of such individual or class, directly, or through contractual,
				  licensing, or other arrangements, to a denial of the opportunity of the
				  individual or class to participate in or benefit from the goods, services,
				  facilities, privileges, advantages, or accommodations of a place of public
				  accommodation.
B.
Participation in unequal benefit
A public accommodation shall not afford an individual or
				  class of individuals, on the basis of physical or mental disability or
				  disabilities of such individual or class, directly, or through contractual,
				  licensing, or other arrangements, with the opportunity to participate in or
				  benefit from a good, service, facility, privilege, advantage, or accommodation
				  that is not equal to that afforded to other individuals.
C.
Separate benefit
A public accommodation shall not provide an individual or
				  class of individuals, on the basis of a physical or mental disability or
				  disabilities of such individual or class directly, or through contractual,
				  licensing, or other arrangements with a good, service, facility, privilege,
				  advantage, or accommodation that is different or separate from that provided to
				  other individuals, unless such action is necessary to provide the individual or
				  class of individuals with a good, service, facility, privilege, advantage, or
				  accommodation, or other opportunity that is as effective as that provided to
				  others.
D.
Individual
				or class of individuals
For purposes of this subsection, the term "individual" or
				  "class of individuals" refers to the clients or customers of the covered public
				  accommodation that enters into a contractual, licensing or other
				  arrangement.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 7 - PUBLIC ACCOMMODATIONS REGULATIONS OF THE MAINE HUMAN RIGHTS COMMISSION › Section 348-7-04 - Reasonable Accommodations: Individuals with Disabilities

Current through 2024-29, July 17, 2024
(a)
Integrated Settings
A public accommodation shall afford goods, services,
				  facilities, privileges, advantages, and accommodations to an individual with a
				  physical or mental disability in the most integrated setting appropriate to the
				  needs of the individual. Notwithstanding the existence of separate or different
				  programs or activities provided in accordance with this subpart, a public
				  accommodation shall not deny an individual with a physical or mental disability
				  an opportunity to participate in such programs or activities that are not
				  separate or different.
(c)
Accommodations and services
(1)
				Nothing in this part shall be construed to require an individual with a
				physical or mental disability to accept an accommodation, aid, service,
				opportunity, or benefit available under this part that such individual chooses
				not to accept.
(2) Nothing in the
				Act or this part authorizes the representative or guardian of an individual
				with a disability to decline food, water, medical treatment, or medical
				services for that individual.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 7 - PUBLIC ACCOMMODATIONS REGULATIONS OF THE MAINE HUMAN RIGHTS COMMISSION › Section 348-7-05 - Administrative Methods

Current through 2024-29, July 17, 2024
A public accommodation shall not, directly or through
				  contractual or other arrangements, utilize standards or criteria or methods or
				  administration that have the effect of discriminating on the basis of physical
				  or mental disability, or that perpetuate the discrimination of others who are
				  subject to common administrative control.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 7 - PUBLIC ACCOMMODATIONS REGULATIONS OF THE MAINE HUMAN RIGHTS COMMISSION › Section 348-7-06 - Association

Current through 2024-29, July 17, 2024
A public accommodation shall not exclude or otherwise deny
				  equal goods, services, facilities, privileges, advantages, accommodations or
				  other opportunities to an individual or entity because of the known protected
				  class status physical or mental disability of an individual with whom the
				  individual or entity is known to have a relationship.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 7 - PUBLIC ACCOMMODATIONS REGULATIONS OF THE MAINE HUMAN RIGHTS COMMISSION › Section 348-7-07 - Retaliation or Coercion

Current through 2024-29, July 17, 2024
A. No private or
				public entity shall discriminate against any individual because that individual
				has opposed any act or practice made unlawful by this part, or because that
				individual made a charge, testified, assisted, or participated in any manner in
				an investigation, proceeding, or hearing under the Act or this
				Chapter.
B. No private or public
				entity shall coerce, intimidate, threaten, or interfere with any individual in
				the exercise or enjoyment of, or on account of their having exercised or
				enjoyed, or on account of their having aided or encouraged any other individual
				in the exercise or enjoyment of, any right granted or protected by the Act or
				this Chapter.
C. Illustrations of
				conduct prohibited by this section include, but are not limited to:
(1) Coercing an individual to deny or limit
				the benefits, services, or advantages to which they are entitled under the Act
				or this Chapter;
(2) Threatening,
				intimidating, or interfering with an individual with a disability who is
				seeking to obtain or use the goods, services, facilities, privileges,
				advantages, or accommodations of a public accommodation;
(3) Intimidating or threatening any person
				because that person is assisting or encouraging an individual or group entitled
				to claim the rights granted or protected by the Act or this part to exercise
				those rights; or
(4) Retaliating
				against any person because that person has participated in any investigation or
				action to enforce the Act or this Chapter.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 7 - PUBLIC ACCOMMODATIONS REGULATIONS OF THE MAINE HUMAN RIGHTS COMMISSION › Section 348-7-08 - Places of Public Accommodation Located in Private Residences

Current through 2024-29, July 17, 2024
A. When a place of public accommodation is
				located in a private residence, the portion of the residence used exclusively
				as a residence is not covered by this Chapter, but that portion used
				exclusively in the operation of the place of public accommodation or that
				portion used both for the place of public accommodation and for residential
				purposes is covered by this Chapter.
B. The portion of the residence covered under
				paragraph (a) of this section extends to those elements used to enter the place
				of public accommodation, including the homeowner's front sidewalk, if any, the
				door or entryway, and hallways; and those portions of the residence, interior
				or exterior, available to or used by customers or clients, including
				restrooms.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 7 - PUBLIC ACCOMMODATIONS REGULATIONS OF THE MAINE HUMAN RIGHTS COMMISSION › Section 348-7-09 - Direct Threat

Current through 2024-29, July 17, 2024
A. This Chapter
				does not require a public accommodation to permit an individual to participate
				in or benefit from the goods, services, facilities, privileges, advantages and
				accommodations of that public accommodation when that individual poses a direct
				threat to the health or safety of others.
B. Direct threat means a significant risk to
				the health or safety of others that cannot be eliminated by a modification of
				policies, practices, or procedures, or by the provision of auxiliary aids or
				services.
C. In determining whether
				an individual poses a direct threat to the health or safety of others, a public
				accommodation must make an individualized assessment, based on reasonable
				judgment that relies on current medical knowledge or on the best available
				objective evidence, to ascertain: the nature, duration, and severity of the
				risk; the probability that the potential injury will actually occur; and
				whether reasonable modifications of policies, practices, or procedures or the
				provision of auxiliary aids or services will sufficiently mitigate the
				risk.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 7 - PUBLIC ACCOMMODATIONS REGULATIONS OF THE MAINE HUMAN RIGHTS COMMISSION › Section 348-7-10 - Illegal Use of Drugs

Current through 2024-29, July 17, 2024
A.
General
(1) Except as provided
				in subparagraph (2) of this section, this Chapter does not prohibit
				discrimination against an individual based on that individual's current illegal
				use of drugs.
(2) A public
				accommodation shall not discriminate on the basis of illegal use of drugs
				against an individual who is not engaging in current illegal use of drugs and
				who-
(i) Has successfully completed a
				supervised drug rehabilitation program or has otherwise been rehabilitated
				successfully;
(ii) Is participating
				in a supervised rehabilitation program; or
(iii) Is erroneously regarded as engaging in
				such use.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 7 - PUBLIC ACCOMMODATIONS REGULATIONS OF THE MAINE HUMAN RIGHTS COMMISSION › Section 348-7-11 - Smoking

Current through 2024-29, July 17, 2024
This Chapter does not preclude the prohibition of, or the
				  imposition of restrictions on, smoking in places of public
				  accommodation.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 7 - PUBLIC ACCOMMODATIONS REGULATIONS OF THE MAINE HUMAN RIGHTS COMMISSION › Section 348-7-12 - Maintenance of Accessible Features

Current through 2024-29, July 17, 2024
A. A public
				accommodation shall maintain in operable working condition those features of
				facilities and equipment that are required to be readily accessible to and
				usable by persons with physical or mental disabilities by the Act or this
				Chapter.
B. This section does not
				prohibit isolated or temporary interruptions in service or access due to
				maintenance or repairs.
C. If the
				2010 Standards reduce the technical requirements or the number of required
				accessible elements below the number required by the 1991 Standards, the
				technical requirements or the number of accessible elements in a facility
				subject to this part may be reduced in accordance with the requirements of the
				2010 Standards.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 7 - PUBLIC ACCOMMODATIONS REGULATIONS OF THE MAINE HUMAN RIGHTS COMMISSION › Section 348-7-13 - Insurance

Current through 2024-29, July 17, 2024
A. This Chapter shall not be construed to
				prohibit or restrict-
(1) An insurer, hospital
				or medical service company, health maintenance organization, or any agent, or
				entity that administers benefit plans, or similar organizations from
				underwriting risks, classifying risks, or administering such risks that are
				based on or not inconsistent with State law; or
(2) A person or organization covered by this
				Chapter from establishing the terms of a bona fide benefit plan that are based
				on underwriting risks, classifying risks, or administering such risks that are
				based on or not inconsistent with State law; or
(3) A person or organization covered by this
				part form establishing, sponsoring, observing or administering the terms of a
				bona fide benefit plan that is not subject to State laws that regulate
				insurance.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 7 - PUBLIC ACCOMMODATIONS REGULATIONS OF THE MAINE HUMAN RIGHTS COMMISSION › Section 348-7-14 - Single-occupancy toilet facilities: discrimination based on sex and sexual orientation or gender identity

Current through 2024-29, July 17, 2024
It is unlawful for a place of public accommodation to
				  designate a single-occupancy toilet facility as for use only by members of one
				  sex. The toilet facility may be identified by a sign, but the sign cannot
				  indicate that only individuals of a particular sex may use the facility. For
				  the purposes of this subsection, a "single-occupancy toilet facility" is a
				  restroom for use by one person at a time, or for family or assisted use, and
				  that has an outer door that can be locked by the occupant.
A single-occupancy toilet facility may be identified as
				  accessible by individuals with disabilities consistent with the accessibility
				  requirements below.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 7 - PUBLIC ACCOMMODATIONS REGULATIONS OF THE MAINE HUMAN RIGHTS COMMISSION › Section 348-7-15 - Eligibility Criteria

Current through 2024-29, July 17, 2024
A.
General
A public accommodation shall not impose or apply eligibility
				  criteria that screen out or tend to screen out an individual with a disability
				  or any class of individuals with physical or mental disabilities from fully and
				  equally enjoying any goods, services, facilities, privileges, advantages, or
				  accommodations, unless such criteria can be shown to be necessary for the
				  provision of the goods, services, facilities, privileges, advantages, or
				  accommodations being offered.
B.
Safety
A public accommodation may impose legitimate safety
				  requirements that are necessary for safe operation. Safety requirements must be
				  based on actual risks and not on mere speculation, stereotypes, or
				  generalizations about individuals with physical or mental disabilities.
C.
Charges
A public accommodation may not impose a surcharge on a
				  particular individual with a physical or mental disability or any group
				  individuals with physical or mental disabilities to cover the costs of
				  measures, such as the provision of auxiliary aids, barrier removal, and
				  reasonable modifications in policies, practices, or procedures, that are
				  required to provide that individual or group with the nondiscriminatory
				  treatment required by the Act or this Chapter.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 7 - PUBLIC ACCOMMODATIONS REGULATIONS OF THE MAINE HUMAN RIGHTS COMMISSION › Section 348-7-16 - Modifications in policies, practices, or procedures

Current through 2024-29, July 17, 2024
A.
Specialties
(1)
General
A public accommodation may refer an individual with a
				  physical or mental disability to another public accommodation, if that
				  individual is seeking, or requires, treatment or services outside of the
				  referring public accommodation's area of specialization, and if, in the normal
				  course of its operations, the referring public accommodation would make a
				  similar referral for an individual without a physical or mental disability who
				  seeks or requires the same treatment or services.
(2)
Illustration - medical
				specialties
A health care provider may refer an individual with a
				  physical or mental disability to another provider, if that individual is
				  seeking, or requires, treatment or services outside of the referring provider's
				  area of specialization, and if the referring provider would make a similar
				  referral for an individual without a physical or mental disability who seeks or
				  requires the same treatment or services. A physician who specializes in
				  treating only a particular condition is not required to treat the individual
				  for a different condition.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 7 - PUBLIC ACCOMMODATIONS REGULATIONS OF THE MAINE HUMAN RIGHTS COMMISSION › Section 348-7-17 - Auxiliary Aids and Services: Individuals with Disabilities

Current through 2024-29, July 17, 2024
A.
General
A public accommodation shall take those steps that may be
				  necessary to ensure that no individual with a physical or mental disability is
				  excluded, denied services, segregated or otherwise treated differently than
				  other individuals because of the absence of auxiliary aids and services, unless
				  the public accommodation can demonstrate that taking those steps would
				  fundamentally alter the nature of the goods, services, facilities, privileges,
				  advantages, or accommodations being offered or would result in an undue burden,
				  i.e., significant difficulty or expense.
B.
Examples
The term "auxiliary aids and services" includes:
(1) Qualified interpreters on-site or through
				video remote interpreting (VRI) services; note takers; real-time computer-aided
				transcription services; written materials; exchange of written notes; telephone
				handset amplifiers; assistive listening devices; assistive listening systems;
				telephones compatible with hearing aids; closed caption decoders; open and
				closed captioning, including real-time captioning; voice, text, and video-based
				telecommunications products and systems, including text telephones (TTYs),
				videophones, and captioned telephones, or equally effective telecommunications
				devices; videotext displays; accessible electronic and information technology;
				or other effective methods of making aurally delivered information available to
				individuals who are deaf or hard of hearing;
(2) Qualified readers; taped texts; audio
				recordings; Brailled materials and displays; screen reader software;
				magnification software; optical readers; secondary auditory programs (SAP);
				large print materials; accessible electronic and information technology; or
				other effective methods of making visually delivered materials available to
				individuals who are blind or have low vision;
(3) Acquisition or modification or equipment
				or devises; and
(4) Other similar
				services and actions.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 7 - PUBLIC ACCOMMODATIONS REGULATIONS OF THE MAINE HUMAN RIGHTS COMMISSION › Section 348-7-18 - Removal of Barriers

Current through 2024-29, July 17, 2024
A.
General
A public accommodation shall remove architectural barriers in
				  existing facilities, including communication barriers that are structural in
				  nature, where such removal is readily achievable, i.e., easily accomplishable
				  and able to be carried out without much difficulty or expense.
B.
Examples
Examples of steps to remove barriers include, but are not
				  limited to, the following actions -
(1) Installing ramps;
(2) Making curb cuts in sidewalks and
				entrances;
(3) Repositioning
				shelves;
(4) Rearranging tables,
				chairs, vending machines, display racks, and other furniture;
(5) Repositioning telephones;
(6) Adding raised markings on elevator
				buttons;
(7) Installing flashing
				alarm lights;
(8) Widening
				doors;
(9) Installing offset hinges
				to widen doorways;
(10) Eliminating
				a turnstile or providing an alternative accessible path;
(11) Installing accessible door
				hardware;
(12) Installing grab bars
				in toilet stalls;
(13) Rearranging
				toilet partitions to increase maneuvering space;
(14) Insulating lavatory pipes under sinks to
				prevent burns;
(15) Installing a
				raised toilet seat;
(16) Installing
				a full-length bathroom mirror;
(17)
				Repositioning the paper towel dispenser in a bathroom;
(18) Creating designated accessible parking
				spaces;
(19) Installing an
				accessible paper cup dispenser at an existing inaccessible water
				fountain;
(20) Removing high pile,
				low density carpeting; or
(21)
				Installing vehicle hand controls.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 7 - PUBLIC ACCOMMODATIONS REGULATIONS OF THE MAINE HUMAN RIGHTS COMMISSION › Section 348-7-19 - Alternatives to Barrier Removal

Current through 2024-29, July 17, 2024
A.
General
Where a public accommodation can demonstrate that barrier
				  removal is not readily achievable, the public accommodation shall not fail to
				  make its goods, services, facilities, privileges, advantages, or accommodations
				  available through alternative methods, if those methods are readily
				  achievable.
B.
Examples
Examples of alternatives to barrier removal include, but are
				  not limited to, the following actions -
(1) Providing curb service or home
				delivery;
(2) Retrieving
				merchandise from inaccessible shelves or racks;
(3) Relocating activities to accessible
				locations;
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 7 - PUBLIC ACCOMMODATIONS REGULATIONS OF THE MAINE HUMAN RIGHTS COMMISSION › Section 348-7-20 - Personal Devices and Services

Current through 2024-29, July 17, 2024
This Chapter does not require a public accommodation to
				  provide its customers, clients, or participants with personal devices, such as
				  wheelchairs; individually prescribed devices, such as prescription eyeglasses
				  or hearing aids; or services of a personal nature including assistance in
				  eating, toileting, or dressing.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 7 - PUBLIC ACCOMMODATIONS REGULATIONS OF THE MAINE HUMAN RIGHTS COMMISSION › Section 348-7-21 - Accessible or Special goods

Current through 2024-29, July 17, 2024
A. This Chapter
				does not require a public accommodation to alter its inventory to include
				accessible or special goods that are designed for, or facilitate use by,
				individuals with physical or mental disabilities.
B. A public accommodation shall order
				accessible or special goods at the request of an individual with physical or
				mental disabilities, if, in the normal course of its operation, it makes
				special orders on request for unstocked goods, and if the accessible or special
				goods can be obtained from a supplier with whom the public accommodation
				customarily does business.
C.
				Examples of accessible or special goods include items such as Brailled versions
				of books, books on audio cassettes, closed-captioned video tapes, special sizes
				or lines of clothing, and special foods to meet particular dietary
				needs.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 7 - PUBLIC ACCOMMODATIONS REGULATIONS OF THE MAINE HUMAN RIGHTS COMMISSION › Section 348-7-22 - Seating in Assembly Areas

Current through 2024-29, July 17, 2024
A public accommodation shall ensure that wheelchair spaces
				  and companion seats are provided in each specialty seating area that provides
				  spectators with distinct services or amenities that generally are not available
				  to other spectators. If it is not readily achievable for a public accommodation
				  to place wheelchair spaces and companion seats in each such specialty seating
				  area, it shall provide those services or amenities to individuals with
				  disabilities and their companions at other designated accessible locations at
				  no additional cost. The number of wheelchair spaces and companion seats
				  provided in specialty seating areas shall be included in, rather than in
				  addition to, wheelchair space requirements set forth in table 221.2.1.1 in the
				  2010 Standards.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 7 - PUBLIC ACCOMMODATIONS REGULATIONS OF THE MAINE HUMAN RIGHTS COMMISSION › Section 348-7-23 - Examinations and Courses

Current through 2024-29, July 17, 2024
A.
General
Any public or private entity that offers examinations or
				  courses related to applications, licensing, certification, or credentialing for
				  secondary or postsecondary education, professional, or trade purposes shall
				  offer such examinations or courses in a place and manner accessible to persons
				  with physical or mental disabilities or offer alternative accessible
				  arrangements for such individuals.
B.
Examinations
(1) Any public or private entity offering an
				examination covered by this section must assure that -
(i) The examination is selected and
				administered so as to best ensure that when the examination is administered to
				an individual with a physical or mental disability that impairs sensory,
				manual, or speaking skills, the examination results accurately reflect the
				individual's aptitude or achievement level or whatever other factor the
				examination purports to measure, rather than reflecting the individual's
				impaired sensory, manual, or speaking skills (except where those skills are the
				factors that the examination purports to measure);
(ii) An examination that is designed for
				individuals with impaired sensory, manual, or speaking skills is offered at
				equally convenient locations, as often, and in as timely a manner as are other
				examinations; and
(iii) The
				examination is administered in facilities that are accessible to individuals
				with physical or mental disabilities or alternative accessible arrangements are
				made.
(iv) Any request for
				documentation, if such documentation is required, is reasonable and limited to
				the need for the modification, accommodation, or auxiliary aid or service
				requested.
(v) When considering
				requests for modifications, accommodations, or auxiliary aids or services, the
				entity gives considerable weight to documentation of past modifications,
				accommodations, or auxiliary aids or services received in similar testing
				situations, as well as such modifications, accommodations, or related aids and
				services provided in response to an Individualized Education Program (IEP)
				provided under the
Individuals with Disabilities Education Act
or a plan describing services provided pursuant to section
				504 of the
Rehabilitation Act of 1973
, as amended (often referred as a
				Section 504
				Plan).
(vi) The entity responds in
				a timely manner to requests for modifications, accommodations, or aids to
				ensure equal opportunity for individuals with disabilities.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 7 - PUBLIC ACCOMMODATIONS REGULATIONS OF THE MAINE HUMAN RIGHTS COMMISSION › Section 348-7-24 - Transportation Provided by Public Accommodations

Current through 2024-29, July 17, 2024
A.
General
(1) A public
				accommodation that provides transportation services, but that is not primarily
				engaged in the business of transporting people, is subject to the general and
				specific provisions in Parts Two, Three, and Four of this Chapter for its
				transportation operations, except as provided in this section.
(2)
Examples
Transportation services subject to this section include, but
				  are not limited to, shuttle services operated between transportation terminals
				  and places of public accommodation, customer shuttle bus services operated by
				  public or private companies and shopping centers, student transportation
				  systems, and transportation provided within recreational facilities such as
				  stadiums, zoos, amusement parks, and ski resorts.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 7 - PUBLIC ACCOMMODATIONS REGULATIONS OF THE MAINE HUMAN RIGHTS COMMISSION › Section 348-7-25 - Mobility devices

Current through 2024-29, July 17, 2024
A.
Use of
				wheelchairs and manually-powered mobility aids
A public accommodation shall permit individuals with mobility
				  disabilities to use wheelchairs and manually-powered mobility aids, such as
				  walkers, crutches, canes, braces, or other similar devices designed for use by
				  individuals with mobility disabilities in any areas open to pedestrian
				  use.
B.
(1)
Use of other power-driven mobility
				devices
A public accommodation shall make reasonable modifications in
				  its policies, practices, or procedures to permit the use of other power-driven
				  mobility devices by individuals with mobility disabilities, unless the public
				  accommodation can demonstrate that the class of other power-driven mobility
				  devices cannot be operated in accordance with legitimate safety requirements
				  that the public accommodation has adopted pursuant to 7.15(B).
(2)
Assessment
				factors
In determining whether a particular other power-driven
				  mobility device can be allowed in a specific facility as a reasonable
				  modification under paragraph (B)(1) of this section, a public accommodation
				  shall consider -
(i) The type, size,
				weight, dimensions, and speed of the device;
(ii) The facility's volume of pedestrian
				traffic (which may vary at different times of the day, week, month, or
				year);
(iii) The facility's design
				and operational characteristics (
e.g.
, whether its business is
				conducted indoors, its square footage, the density and placement of stationary
				devices, and the availability of storage for the device, if requested by the
				user);
(iv) Whether legitimate
				safety requirements can be established to permit the safe operation of the
				other power-driven mobility device in the specific facility; and
(v) Whether the use of the other power-driven
				mobility device creates a substantial risk of serious harm to the immediate
				environment or natural or cultural resources, or poses a conflict with Federal
				land management laws and regulations.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 8 - HOUSING REGULATIONS OF THE MAINE HUMAN RIGHTS COMMISSION › Section 348-8-01 - GENERALLY

Current through 2024-29, July 17, 2024
A.
Purpose
Pursuant to Title 5 M.R.S. §
										4566(7), the Maine
				  Human Rights Commission (the "Commission") has adopted the following
				  regulations which are designed to inform owners, lessees, sublessees, managing
				  agents, courts, and other interested parties of the Commission's interpretation
				  of the
Maine Human Rights Act
, Title 5 M.R.S. §
										4551,
et seq
. (the
				  "Act" or "MHRA").
B.
Effect
The regulations shall be accorded the full force and effect
				  of interpretative 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.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 8 - HOUSING REGULATIONS OF THE MAINE HUMAN RIGHTS COMMISSION › Section 348-8-02 - EXEMPTIONS

Current through 2024-29, July 17, 2024
A. This part does not:
(1) Prohibit a bona fide religious
				organization, corporation, association, or society which does not receive
				public funds. or any non-profit institution or organization operated,
				supervised or controlled by or in conjunction with such a religious
				organization, corporation, association, or society, from limiting the sale,
				rental or occupancy of dwellings which it owns or operates for other than a
				commercial purpose to persons of the same religion, or from giving preference
				to such persons, unless membership in such religion is restricted because of
				race, color, or national origin.
(2) Prohibit a private club, not in fact open
				to the public, which incident to its primary purpose or purposes, provides
				lodgings which it owns or operates for other than a commercial purpose, from
				limiting the rental or occupancy of such lodging to its members or from giving
				preference to its members.
(3)
				Limit the applicability of any reasonable local, State or Federal restrictions
				regarding the maximum number of occupants permitted to occupy a dwelling;
				or
(4) Prohibit conduct against a
				person because such person has been convicted by any court of competent
				jurisdiction of the illegal manufacture or distribution of a controlled
				substance as defined in State or Federal Controlled Substance Acts.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 8 - HOUSING REGULATIONS OF THE MAINE HUMAN RIGHTS COMMISSION › Section 348-8-04 - DISCRIMINATORY HOUSING PRACTICES

Current through 2024-29, July 17, 2024
It is unlawful to engage in discriminatory housing practices
				  based on the protected class status or perceived protected class status of a
				  buyer or renter or prospective buyer or renter of a covered dwelling/dwelling
				  unit, a person residing in or intending to reside in said dwelling/dwelling
				  unit, or any person associated with any of these persons.
A.
Real estate practices
				prohibited
It shall be unlawful to:
(1) Refuse to sell or rent a dwelling after a
bona fide
offer has been made, or to refuse to negotiate for
				the sale or rental of a dwelling because of protected class status.
(2) Discriminate in the terms, conditions or
				privileges of sale or rental of a dwelling, or in the provision of services or
				facilities in connection with sales or rentals, because of protected class
				status.
(3) Engage in any conduct
				relating to the provision of housing which otherwise makes unavailable or
				denies dwellings to persons because of protected class status.
(4) Make, print or publish, or cause to be
				made, printed or published, any notice, statement or advertisement with respect
				to the sale or rental of a dwelling that indicates any preference, limitation
				or discrimination because of protected class status.
(5) Represent to any person because of
				protected class status that a dwelling is not available for sale or rental when
				such dwelling is in fact available.
(6) Engage in blockbusting practices in
				connection with the sale or rental of dwellings because of protected class
				status.
(7) Deny access to or
				membership or participation in, or to discriminate against any person in his or
				her access to or membership or participation in, any multiple-listing service,
				real estate brokers' association, or other service organization or facility
				relating to the business of selling or renting a dwelling or in the terms or
				conditions of membership or participation, because of protected class
				status.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 8 - HOUSING REGULATIONS OF THE MAINE HUMAN RIGHTS COMMISSION › Section 348-8-05 - DISCRIMINATION IN RESIDENTIAL REAL ESTATE-RELATED TRANSACTIONS

Current through 2024-29, July 17, 2024
A.
Discriminatory practices in
				residential real estate-related transactions
It shall be unlawful for any person or other entity whose
				  business includes engaging in residential real estate-related transactions to
				  discriminate against any person in making available such transaction, or in the
				  terms or conditions of such a transaction, because of protected class.
B.
Discrimination in the
				making of loans and in the provision of other financial assistance
(1) It shall be unlawful for any person or
				entity whose business includes engaging in residential real estate-related
				transactions to discriminate against any person in making available loans or
				other financial assistance for a dwelling, or which is or is to be secured by a
				dwelling, because of protected class status.
(2) Prohibited practices under this section
				include, but are not limited to, failing or refusing to provide to any person,
				in connection with a residential real estate-related transaction, information
				regarding the availability of loans or other financial assistance, application
				requirements, procedures or standards for the review and approval of loans or
				financial assistance, or providing information which is inaccurate or different
				from that provided others, because of protected class status.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 8 - HOUSING REGULATIONS OF THE MAINE HUMAN RIGHTS COMMISSION › Section 348-8-06 - PROHIBITION AGAINST DISCRIMINATION BECAUSE OF PHYSICAL OR MENTAL DISABILITY

Current through 2024-29, July 17, 2024
A.
Reasonable modifications of existing
				premises
(1) It shall be unlawful for
				any person to refuse to permit, at the expense of a person with a physical or
				mental disability, reasonable modifications of existing premises, occupied or
				to be occupied by a person with such a disability, if the proposed
				modifications may be necessary to afford the person with such a disability full
				enjoyment of the premises of a dwelling. In the case of a rental, the landlord
				may, where it is reasonable to do so, condition permission for a modification
				on the renter agreeing to restore the interior of the premises to the condition
				that existed before the modification, reasonable wear and tear excepted. The
				landlord may not increase for persons with physical or mental disabilities any
				customarily required security deposit. However, where it is necessary in order
				to ensure with reasonable certainty that funds will be available to pay for the
				restorations at the end of the tenancy, the landlord may negotiate as part of
				such a restoration agreement a provision requiring that the tenant pay into an
				interest bearing escrow account, over a reasonable period, a reasonable amount
				of money not to exceed the cost of the restorations. The interest in any such
				account shall accrue to the benefit of the tenant.
(2) A landlord may condition permission for a
				modification on the renter providing a reasonable description of the proposed
				modifications as well as reasonable assurances that the work will be done in a
				workmanlike manner and that any required building permits will be
				obtained.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 8 - HOUSING REGULATIONS OF THE MAINE HUMAN RIGHTS COMMISSION › Section 348-8-07 - HOUSING FOR OLDER PERSONS

Current through 2024-29, July 17, 2024
A.
Exemption
(1) The provisions
				regarding familial status in this part do not apply to housing which satisfies
				the requirements of §
										8.07(B) (C) or
				(D).
(2) Nothing in this part limits the
				applicability of any reasonable, local, State, or Federal restrictions
				regarding the maximum number of occupants permitted to occupy a
				dwelling.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 8 - HOUSING REGULATIONS OF THE MAINE HUMAN RIGHTS COMMISSION › Section 348-8-09 - INTERFERENCE, COERCION OR INTIMIDATION

Current through 2024-29, July 17, 2024
A. It shall be
				unlawful for any person to coerce, intimidate, threaten, or interfere with any
				individual in the exercise or enjoyment of, or on account of that person having
				aided or encouraged any other person in the exercise or enjoyment of, any right
				granted or protected by this part.
B. Conduct made unlawful under this section
				includes, but is not limited to, the following:
(1) Coercing a person, either orally, in
				writing, or by other means, to deny or limit the benefits provided that person
				in connection with the sale or rental of a dwelling or in connection with a
				residential real estate-related transaction because of protected class
				status.
(2) Threatening,
				intimidating or interfering with persons in their enjoyment of a dwelling
				because of the protected class status of such persons, or of visitors or
				associates of such persons.
(3)
				Threatening an employee or agent with dismissal or an adverse employment
				action, or taking such adverse employment action, for any effort to assist a
				person seeking access to the sale or rental of a dwelling or seeking access to
				any residential real estate-related transaction, because of the protected class
				status of that person or of any person associated with that person.
(4) Intimidating or threatening any person
				because that person is engaging in activities designed to make other persons
				aware of, or encouraging such other persons to exercise, rights granted or
				protected by the
Maine Human Rights Act
.
(5) Retaliating against any person because
				that person has made a complaint, testified, assisted, or participated in any
				manner in a proceeding under the
Maine Human Rights
				Act
.