Text of ME LD 1647 (2026)

Printed on recycled paper 132nd MAINE LEGISLATURE FIRST SPECIAL SESSION-2025 Legislative Document No. 1647 S.P. 655 In Senate, April 15, 2025 An Act to Amend the Maine Human Rights Act to Provide Additional Remedies for Educational Discrimination Reference to the Committee on Judiciary suggested and ordered printed. DAREK M. GRANT Secretary of the Senate Presented by Senator CARNEY of Cumberland. Cosponsored by Representative MOONEN of Portland and Senators: DUSON of Cumberland, INGWERSEN of York, RAFFERTY of York, ROTUNDO of Androscoggin, TIPPING of Penobscot, Representatives: KUHN of Falmouth, SATO of Gorham, SINCLAIR of Bath. Page 1 - 132LR1594(01) 1 Be it enacted by the People of the State of Maine as follows: 2 Sec. 1. 5 MRSA §4613, sub-§2, ¶B, as amended by PL 2023, c. 263, §1, is further 3 amended by amending subparagraph (7) to read: 4 (7) An order to pay to the victim of unlawful discrimination, other than 5 employment discrimination in the case of a respondent who has more than 14 6 employees or intentional educational discrimination, or, if the commission brings 7 action on behalf of the victim, an order to pay to the victim, the commission or 8 both, civil penal damages not in excess of $20,000 in the case of the first order 9 under this Act against the respondent, not in excess of $50,000 in the case of a 2nd 10 order against the respondent arising under the same subchapter of this Act and not 11 in excess of $100,000 in the case of a 3rd or subsequent order against the 12 respondent arising under the same subchapter of this Act, except that the total 13 amount of civil penal damages awarded in any action filed under this Act may not 14 exceed the limits contained in this subparagraph; 15 Sec. 2. 5 MRSA §4613, sub-§2, ¶B, as amended by PL 2023, c. 263, §1, is further 16 amended by enacting a new subparagraph (7-A) to read: 17 (7-A) In cases of intentional educational discrimination, compensatory damages 18 as provided in this subparagraph. 19 (a) A complaining party may recover compensatory damages for loss of 20 education, loss of educational opportunity, past and future pecuniary losses, 21 emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment 22 of life and other nonpecuniary losses. 23 (b) When a discriminatory practice involves the provision of a reasonable 24 accommodation, damages may not be awarded under this subparagraph when 25 the educational institution demonstrates good faith efforts, in consultation with 26 the person with the disability who has informed the educational institution that 27 accommodation is needed, to identify and make a reasonable accommodation 28 that would provide that individual with an equally effective opportunity and 29 would not cause an undue hardship on the operation of the educational 30 institution. 31 (c) Compensatory damages awarded under this subparagraph do not include 32 any other type of relief authorized elsewhere under this subsection. 33 (d) Nothing in this subparagraph may be construed to limit the scope of or the 34 relief available under any other state or federal law. 35 (e) If a complaining party seeks compensatory damages under this 36 subparagraph, any party may demand a trial by jury. 37 (f) This subparagraph does not apply to recoveries for a practice that is 38 unlawful only because of its disparate impact; 39 SUMMARY 40 This bill modifies provisions of the Maine Human Rights Act to allow a court to award 41 compensatory damages in cases of intentional educational discrimination. Compensatory 42 damages include damages for loss of education, loss of educational opportunity, past and 40 41 42 Page 2 - 132LR1594(01) 43 future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of 44 enjoyment of life and other nonpecuniary losses. 3 The bill specifies that these compensatory damages are not available in cases when the 4 discriminatory practice involves the provision of a reasonable accommodation and the 5 educational institution had demonstrated good faith efforts, in consultation with the person 6 with the disability, to make a reasonable accommodation that would provide that individual 7 with an equally effective opportunity and would not cause undue hardship on the operation 8 of the educational institution. 9 Compensatory damages are not available in cases in which the practice was unlawful 10 only because of its disparate impact. 11 The bill also adds language that excludes cases of intentional educational 12 discrimination from the existing limited monetary remedy available for unlawful 13 discrimination under the Maine Human Rights Act. 1 2