Text of ME LD 1703 (2020)

Printed on recycled paper 129th MAINE LEGISLATURE FIRST REGULAR SESSION-2019 Legislative Document No. 1703 H.P. 1218 House of Representatives, May 8, 2019 An Act To Improve Consistency within the Maine Human Rights Act Submitted by the Maine Human Rights Commission pursuant to Joint Rule 204. Reference to the Committee on Judiciary suggested and ordered printed. ROBERT B. HUNT Clerk Presented by Representative BAILEY of Saco. Page 1 - 129LR2283(01)-1 1 Be it enacted by the People of the State of Maine as follows: 2 Sec. 1. 5 MRSA §4552, as amended by PL 2005, c. 10, §1, is further amended to 3 read: 4 §4552. Policy 5 To protect the public health, safety and welfare, it is declared to be the policy of this 6 State to keep continually in review all practices infringing on the basic human right to a 7 life with dignity, and the causes of these practices, so that corrective measures may, 8 where possible, be promptly recommended and implemented, and to prevent 9 discrimination in employment, housing, education, extension of credit or access to public 10 accommodations on account of an individual's actual or perceived race, color, sex, sexual 11 orientation or gender identity, physical or mental disability, religion, ancestry or national 12 origin; and in employment, housing, extension of credit and access to public 13 accommodations on the basis of age; and in employment and housing on the basis of 14 familial status; and in employment, discrimination on account of age or because of the 15 previous assertion of a claim or right against another prior employer under former Title 16 39 or Title 39-A and in housing because of familial status; and to prevent discrimination 17 in the extension of credit on account of age, race, color, sex, sexual orientation, marital 18 status, religion, ancestry or national origin; and to prevent discrimination in education on 19 account of sex, sexual orientation or physical or mental disability and because of 20 protected activity under Title 26, chapter 7, subchapter 5-B, and to prevent discrimination 21 or retaliation on the basis of an assertion of rights under this Act or interference with an 22 individual's right to be free from discrimination prohibited under this Act. 23 Sec. 2. 5 MRSA §4553, sub-§5-A, as enacted by PL 1989, c. 245, §2, is amended 24 to read: 25 5-A. Familial status. "Familial status" means that a family unit may contain one or 26 more individuals who have not attained the age of 18 years and are living with: 27 A. A One or more individuals who have not attained 18 years of age and are living 28 with a parent or another person having legal custody of the individual or individuals; 29 or the designee of the parent or other person having custody with the written 30 permission of the parent or other person; or 31 B. The designee of the parent or other person having custody, with the written 32 permission of the parent or other person One or more individuals who lack the ability 33 to meet essential requirements for physical health, safety or self-care because the 34 individual or individuals are unable to receive and evaluate information or make or 35 communicate decisions. 36 The protections afforded against discrimination on the basis of familial status shall apply 37 to any person who is pregnant or who is in the process of securing legal custody of any 38 individual who has not attained the age of 18 years. 39 Sec. 3. 5 MRSA §4553, sub-§10, ¶G, as amended by PL 2011, c. 613, §9 and 40 affected by §29, is further amended to read: Page 2 - 129LR2283(01)-1 1 G. Discrimination in employment, housing, public accommodation, credit and 2 educational opportunity on the basis of sexual orientation, except that a religious 3 corporation, association or organization that does not receive public funds is exempt 4 from this provision with respect to: 5 (1) Employment, as is more fully set forth in section 4553, subsection 4 and 6 section 4573-A; 7 (2) Housing; and 8 (3) Educational opportunity, as is more fully set forth in section 4602, 9 subsection 4 . 10 Any for-profit organization owned, controlled or operated by a religious association 11 or corporation and subject to the provisions of the Internal Revenue Code, 26 United 12 States Code, Section 511(a) is not covered by the exemptions set forth in this 13 paragraph. 14 Sec. 4. 5 MRSA §4571, as amended by PL 2005, c. 10, §10, is further amended to 15 read: 16 §4571. Right to freedom from discrimination in employment 17 The opportunity for an individual to secure employment without discrimination 18 because of race, color, sex, sexual orientation or gender identity, physical or mental 19 disability, religion, age, ancestry or, national origin or familial status is recognized as and 20 declared to be a civil right. 21 Sec. 5. 5 MRSA §4572, sub-§1, as amended by PL 2005, c. 10, §§11 and 12, is 22 further amended to read: 23 1. Unlawful employment. It is unlawful employment discrimination, in violation of 24 this Act, except when based on a bona fide occupational qualification: 25 A. For any employer to fail or refuse to hire or otherwise discriminate against any 26 applicant for employment because of race or color, sex, sexual orientation or gender 27 identity, physical or mental disability, religion, age, ancestry or, national origin, or 28 familial status, because of the applicant's previous assertion of a claim or right under 29 former Title 39 or Title 39-A or because of previous actions taken by the applicant 30 that are protected under Title 26, chapter 7, subchapter 5-B; or, because of those 31 reasons, to discharge an employee or discriminate with respect to hire, tenure, 32 promotion, transfer, compensation, terms, conditions or privileges of employment or 33 any other matter directly or indirectly related to employment; or, in recruiting of 34 individuals for employment or in hiring them, to utilize any employment agency that 35 the employer knows or has reasonable cause to know discriminates against 36 individuals because of their race or color, sex, sexual orientation or gender identity, 37 physical or mental disability, religion, age, ancestry or, national origin, or familial 38 status, because of their previous assertion of a claim or right under former Title 39 or 39 Title 39-A or because of previous actions that are protected under Title 26, chapter 7, 40 subchapter 5-B; Page 3 - 129LR2283(01)-1 1 (1) This paragraph does not apply to discrimination governed by Title 39-A, 2 section 353; 3 B. For any employment agency to fail or refuse to classify properly, refer for 4 employment or otherwise discriminate against any individual because of race or 5 color, sex, sexual orientation or gender identity, physical or mental disability, 6 religion, age, ancestry or, national origin, or familial status, because of the 7 individual's previous assertion of a claim or right under former Title 39 or Title 39-A 8 or because of previous actions taken by the individual that are protected under Title 9 26, chapter 7, subchapter 5-B; or to comply with an employer's request for the 10 referral of job applicants if a request indicates either directly or indirectly that the 11 employer will not afford full and equal employment opportunities to individuals 12 regardless of their race or color, sex, sexual orientation or gender identity, physical or 13 mental disability, religion, age, ancestry or, national origin, or familial status, because 14 of previous assertion of a claim or right under former Title 39 or Title 39-A or 15 because of previous actions that are protected under Title 26, chapter 7, subchapter 16 5-B; 17 C. For any labor organization to exclude from apprenticeship or membership or to 18 deny full and equal membership rights to any applicant for membership because of 19 race or color, sex, sexual orientation or gender identity, physical or mental disability, 20 religion, age, ancestry or, national origin, or familial status, because of the applicant's 21 previous assertion of a claim or right under former Title 39 or Title 39-A or because 22 of previous actions taken by the applicant that are protected under Title 26, chapter 7, 23 subchapter 5-B; or, because of those reasons, to deny a member full and equal 24 membership rights, expel from membership, penalize or otherwise discriminate with 25 respect to hire, tenure, promotion, transfer, compensation, terms, conditions or 26 privileges of employment, representation, grievances or any other matter directly or 27 indirectly related to membership or employment, whether or not authorized or 28 required by the constitution or bylaws of that labor organization or by a collective 29 labor agreement or other contract; to fail or refuse to classify properly or refer for 30 employment or otherwise discriminate against any member because of race or color, 31 sex, sexual orientation or gender identity, physical or mental disability, religion, age, 32 ancestry or, national origin, or familial status, because of the member's previous 33 assertion of a claim or right under former Title 39 or Title 39-A or because of 34 previous actions taken by the member that are protected under Title 26, chapter 7, 35 subchapter 5-B; or to cause or attempt to cause an employer to discriminate against 36 an individual in violation of this section, except that it is lawful for labor 37 organizations and employers to adopt a maximum age limitation in apprenticeship 38 programs, if the employer or labor organization obtains prior approval from the 39 Maine Human Rights Commission of any maximum age limitation employed in an 40 apprenticeship program. The commission shall approve the age limitation if a 41 reasonable relationship exists between the maximum age limitation employed and a 42 legitimate expectation of the employer in receiving a reasonable return upon the 43 employer's investment in an apprenticeship program. The employer or labor 44 organization bears the burden of demonstrating that such a relationship exists; 45 D. For any employer, employment agency or labor organization, prior to 46 employment or admission to membership of any individual, to: Page 4 - 129LR2283(01)-1 1 (1) Elicit or attempt to elicit information directly or indirectly pertaining to race 2 or color, sex, sexual orientation or gender identity, physical or mental disability, 3 religion, age, ancestry or, national origin, or familial status, any previous 4 assertion of a claim or right under former Title 39 or Title 39-A or any previous 5 actions that are protected under Title 26, chapter 7, subchapter 5-B; 6 (2) Make or keep a record of race or color, sex, sexual orientation or gender 7 identity, physical or mental disability, religion, age, ancestry or, national origin, 8 or familial status, any previous assertion of a claim or right under former Title 39 9 or Title 39-A or any previous actions that are protected under Title 26, chapter 7, 10 subchapter 5-B, except under physical or mental disability when an employer 11 requires a physical or mental examination prior to employment, a privileged 12 record of that examination is permissible if made and kept in compliance with 13 this Act; 14 (3) Use any form of application for employment, or personnel or membership 15 blank containing questions or entries directly or indirectly pertaining to race or 16 color, sex, sexual orientation or gender identity, physical or mental disability, 17 religion, age, ancestry or, national origin, or familial status, any previous 18 assertion of a claim or right under former Title 39 or Title 39-A or any previous 19 actions that are protected under Title 26, chapter 7, subchapter 5-B. This section 20 does not prohibit any officially recognized government agency from keeping 21 records permitted to be kept under this Act in order to provide free services to 22 individuals requesting rehabilitation or employment assistance; 23 (4) Print, publish or cause to be printed or published any notice or advertisement 24 relating to employment or membership indicating any preference, limitation, 25 specification or discrimination based upon race or color, sex, sexual orientation 26 or gender identity, physical or mental disability, religion, age, ancestry or, 27 national origin, or familial status, any previous assertion of a claim or right under 28 former Title 39 or Title 39-A or any previous actions that are protected under 29 Title 26, chapter 7, subchapter 5-B; or 30 (5) Establish, announce or follow a policy of denying or limiting, through a 31 quota system or otherwise, employment or membership opportunities of any 32 group because of the race or color, sex, sexual orientation or gender identity, 33 physical or mental disability, religion, age, ancestry or, national origin, or 34 familial status, the previous assertion of a claim or right under former Title 39 or 35 Title 39-A or because of previous actions that are protected under Title 26, 36 chapter 7, subchapter 5-B, of that group; or 37 E. For an employer, employment agency or labor organization to discriminate in any 38 manner against individuals because they have opposed a practice that would be a 39 violation of this Act or because they have made a charge, testified or assisted in any 40 investigation, proceeding or hearing under this Act. This paragraph does not in any 41 way limit the liability of individuals or entities pursuant to section 4633. 42 Sec. 6. 5 MRSA §4572-A, sub-§§2 and 3, as enacted by PL 1979, c. 79, are 43 amended to read: Page 5 - 129LR2283(01)-1 1 2. Pregnant persons who are able to work. It shall be is unlawful employment 2 discrimination in violation of this Act, except where based on a bona fide occupational 3 qualification, for an employer, employment agency or labor organization to treat a 4 pregnant woman person who is able to work in a different manner from other persons 5 who are able to work. For purposes of this subsection, a pregnant person is considered 6 able to work if the person can perform the essential functions of the person's position with 7 or without reasonable accommodations. It is unlawful discrimination for an employer to 8 refuse to provide to a pregnant employee or applicant for employment reasonable 9 accommodations for the person's pregnancy or related medical condition, unless the 10 employer can demonstrate that the accommodation would impose an undue hardship on 11 the operation of the business of the covered entity. 12 3. Pregnant persons who are not able to work. It shall is also be unlawful 13 employment discrimination in violation of this Act, except where based on a bona fide 14 occupational qualification, for an employer, employment agency or labor organization to 15 treat a pregnant woman person who is not able to work because of a disability or illness 16 resulting from pregnancy, or from medical conditions which that result from pregnancy, 17 in a different manner from other employees who are not able to work because of other 18 disabilities or illnesses. 19 Sec. 7. 5 MRSA §4572-A, sub-§4, as amended by PL 1995, c. 393, §14, is 20 further amended to read: 21 4. Employer not responsible for additional benefits. Nothing in this section may 22 be construed to mean that an employer, employment agency or labor organization is 23 required to provide sick leave, a leave of absence, medical benefits or other benefits to a 24 woman person because of pregnancy or other medical conditions that result from 25 pregnancy, if the employer, employment agency or labor organization does not also 26 provide sick leaves, leaves of absence, medical benefits or other benefits for the 27 employer's other employees and is not otherwise required to provide those leaves or 28 benefits under other state or federal laws. Reasonable accommodations to enable a 29 pregnant person to be able to work are not considered additional benefits. 30 Sec. 8. 5 MRSA §4573-A, sub-§§1 and 2, as enacted by PL 1995, c. 393, §21, 31 are amended to read: 32 1. General provisions. It is a defense to a charge of discrimination under this 33 subchapter that an alleged application of qualification standards, tests or selection criteria 34 that screen out or tend to screen out or otherwise deny a job or benefit to an individual 35 with a disability based on protected class status has been shown to be job-related and 36 consistent with business necessity, and such performance can not be accomplished by 37 reasonable accommodation, as required by this subchapter. 38 2. Religious entities. This subchapter does not prohibit a bona fide nonprofit 39 religious corporation, association, educational institution or society that does not receive 40 public funds from giving preference in employment to individuals of its same religion to 41 perform work connected with the carrying on by the corporation, association, educational 42 institution or society of its activities. Under this subchapter, a bona fide nonprofit Page 6 - 129LR2283(01)-1 1 religious organization that does not receive public funds may require that all applicants 2 and employees conform to the religious tenets of that organization. 3 Sec. 9. 5 MRSA §4581, first ¶, as amended by PL 2011, c. 613, §10 and affected 4 by §29, is further amended to read: 5 The opportunity for an individual to secure housing in accordance with the 6 individual's ability to pay, and without discrimination because of race, color, sex, sexual 7 orientation or gender identity, physical or mental disability, religion, ancestry, national 8 origin or familial status is hereby recognized as and declared to be a civil right. 9 Sec. 10. 5 MRSA §4581-A, sub-§1, ¶¶A to E, as enacted by PL 2011, c. 613, 10 §11 and affected by §29, are amended to read: 11 A. Make or cause to be made any written or oral inquiry concerning the race or 12 color, sex, sexual orientation or gender identity, physical or mental disability, 13 religion, ancestry, national origin or familial status of any prospective purchaser, 14 occupant or tenant of the housing accommodation; 15 B. Refuse to show or refuse to sell, rent, lease, let or otherwise deny to or withhold 16 from any person the housing accommodation because of race or color, sex, sexual 17 orientation or gender identity, physical or mental disability, religion, ancestry, 18 national origin or familial status; 19 C. Make, print or publish or cause to be made, printed or published any notice, 20 statement or advertisement relating to the sale, rental or lease of the housing 21 accommodation that indicates any preference, limitation or discrimination based upon 22 race or color, sex, sexual orientation or gender identity, physical or mental disability, 23 religion, ancestry, national origin or familial status or an intention to make any such 24 preference, limitation or discrimination; 25 D. Discriminate against any person because of race or color, sex, sexual orientation 26 or gender identity, physical or mental disability, religion, ancestry, national origin or 27 familial status in the price, terms, conditions or privileges of the sale, rental or lease 28 of any housing accommodations or in the furnishing of facilities or services in 29 connection with any housing accommodations; or 30 E. Evict or attempt to evict any tenant of any housing accommodation because of the 31 race or color, sex, sexual orientation or gender identity, physical or mental disability, 32 religion, ancestry, national origin or familial status of the tenant; 33 Sec. 11. 5 MRSA §4581-A, sub-§2, ¶¶A to E, as enacted by PL 2011, c. 613, 34 §11 and affected by §29, are amended to read: 35 A. Fail or refuse to show any person a housing accommodation listed for sale, lease 36 or rent because of race or color, sex, sexual orientation or gender identity, physical or 37 mental disability, religion, ancestry, national origin or familial status; 38 B. Misrepresent, for the purpose of discriminating because of race or color, sex, 39 sexual orientation or gender identity, physical or mental disability, religion, ancestry, 40 national origin or familial status, the availability or asking price of a housing 41 accommodation listed for sale, lease or rent or for such reason to fail to communicate Page 7 - 129LR2283(01)-1 1 to the person having the right to sell, rent or lease the housing accommodation any 2 offer for the same made by any applicant; 3 C. In any other manner to discriminate against any applicant for a housing 4 accommodation because of race or color, sex, sexual orientation or gender identity, 5 physical or mental disability, religion, ancestry, national origin or familial status; 6 D. Make or cause to be made any written or oral inquiry or record concerning the 7 race or color, sex, sexual orientation or gender identity, physical or mental disability, 8 religion, ancestry, national origin or familial status of any applicant for or intended 9 occupant of a housing accommodation; or 10 E. Accept for listing any housing accommodation when the person having the right 11 to sell, rent or lease the housing accommodation has directly or indirectly indicated 12 an intention of discriminating among prospective tenants or purchasers on the ground 13 of race or color, sex, sexual orientation or gender identity, physical or mental 14 disability, religion, ancestry, national origin or familial status, or when the broker or 15 salesperson knows or has reason to know that the person having the right to sell, rent 16 or lease the housing accommodation has made a practice of discrimination since July 17 1, 1972; 18 Sec. 12. 5 MRSA §4581-A, sub-§3, ¶¶A and B, as enacted by PL 2011, c. 613, 19 §11 and affected by §29, are amended to read: 20 A. Make or cause to be made any oral or written inquiry concerning the race or 21 color, sex, sexual orientation or gender identity, physical or mental disability, 22 religion, ancestry, national origin or familial status of any applicant for financial 23 assistance or of existing or prospective occupants or tenants of housing 24 accommodations; or 25 B. Discriminate in the granting of financial assistance, or in the terms, conditions or 26 privileges relating to obtaining or the use of any financial assistance, against any 27 applicant because of race or color, sex, sexual orientation or gender identity, physical 28 or mental disability, religion, ancestry, national origin or familial status; or 29 Sec. 13. 5 MRSA §4583, as amended by PL 2007, c. 243, §4, is further amended 30 to read: 31 §4583. Application 32 Nothing in this Act may be construed to prohibit or limit the exercise of the privilege 33 of every person and the agent of any person having the right to sell, rent, lease or manage 34 a housing accommodation to set up and enforce specifications in the selling, renting, 35 leasing or letting or in the furnishings of facilities or services in connection with the 36 facilities that are consistent with business necessity and are not based on the race, color, 37 sex, sexual orientation or gender identity, physical or mental disability, religion, country 38 of ancestral origin or familial status of or the receipt of public assistance payments by any 39 prospective or actual purchaser, lessee, tenant or occupant. Nothing in this Act may be 40 construed to prohibit or limit the exercise of the privilege of every person and the agent of 41 any person making loans for or offering financial assistance in the acquisition, 42 construction, rehabilitation, repair or maintenance of housing accommodations to set Page 8 - 129LR2283(01)-1 1 standards and preferences, terms, conditions, limitations or specifications for the granting 2 of loans or financial assistance that are consistent with business necessity and are not 3 based on the race, color, sex, sexual orientation or gender identity, physical or mental 4 disability, religion, country of ancestral origin or familial status of or the receipt of public 5 assistance payments by the applicant for a loan or financial assistance or of any existing 6 or prospective owner, lessee, tenant or occupant of housing accommodation. 7 Sec. 14. 5 MRSA §4591, as amended by PL 2005, c. 10, §16, is further amended 8 to read: 9 §4591. Equal access to public accommodations 10 The opportunity for every individual to have equal access to places of public 11 accommodation without discrimination because of race, color, sex, sexual orientation or 12 gender identity, age, physical or mental disability, religion, ancestry or national origin is 13 recognized as and declared to be a civil right. 14 Sec. 15. 5 MRSA §4592, sub-§1, as amended by PL 2005, c. 10, §17, is further 15 amended to read: 16 1. Denial of public accommodations. For any public accommodation or any person 17 who is the owner, lessor, lessee, proprietor, operator, manager, superintendent, agent or 18 employee of any place of public accommodation to directly or indirectly refuse, 19 discriminate against or in any manner withhold from or deny the full and equal enjoyment 20 to any person, on account of race or color, sex, sexual orientation or gender identity, age, 21 physical or mental disability, religion, ancestry or national origin, any of the 22 accommodations, advantages, facilities, goods, services or privileges of public 23 accommodation, or in any manner discriminate against any person in the price, terms or 24 conditions upon which access to accommodation, advantages, facilities, goods, services 25 and privileges may depend. 26 For purposes of this subsection, unlawful discrimination also includes, but is not limited 27 to: 28 A. The imposition or application of eligibility criteria that screen out or tend to 29 screen out an individual with a disability or any class of individuals with disabilities 30 from fully and equally enjoying any goods, services, facilities, privileges, advantages 31 or accommodations, unless the criteria can be shown to be necessary for the provision 32 of the goods, services, facilities, privileges, advantages or accommodations being 33 offered; 34 B. A failure to make reasonable modifications in policies, practices or procedures, 35 when modifications are necessary to afford the goods, services, facilities, privileges, 36 advantages or accommodations to individuals with disabilities, unless, in the case of a 37 private entity, the private entity can demonstrate that making the modifications would 38 fundamentally alter the nature of the goods, services, facilities, privileges, advantages 39 or accommodations; 40 C. A failure to take steps that may be necessary to ensure that no individual with a 41 disability is excluded, denied services, segregated or otherwise treated differently Page 9 - 129LR2283(01)-1 1 than other individuals because of the absence of auxiliary aids and services, unless, in 2 the case of a private entity, the private entity can demonstrate that taking those steps 3 would fundamentally alter the nature of the good, service, facility, privilege, 4 advantage or accommodation being offered or would result in an undue burden; and 5 D. A private entity's failure to remove architectural barriers and communication 6 barriers that are structural in nature in existing facilities and transportation barriers in 7 existing vehicles and rail passenger cars used by an establishment for transporting 8 individuals, not including barriers that can be removed only through the retrofitting of 9 vehicles or rail passenger cars by the installation of a hydraulic or other lift, where 10 the removal is readily achievable;. 11 When the entity can demonstrate that the removal of a barrier under this paragraph is 12 not readily achievable, a failure to make the goods, services, facilities, privileges, 13 advantages or accommodations available through alternative methods if alternative 14 methods are readily achievable; and 15 E. A qualified individual with a disability, by reason of that disability, being 16 excluded from participation in or being denied the benefits of the services, programs 17 or activities of a public entity, or being subjected to discrimination by any such 18 entity; 19 Sec. 16. 5 MRSA §4592, sub-§1-A is enacted to read: 20 1-A. Public entities. For any public entity to discriminate against, exclude from 21 participation in, or otherwise deny the benefits of the services, programs or activities of a 22 public entity to any individual by reason of the individual's race, color, sex, sexual 23 orientation or gender identity, age, physical or mental disability, religion, ancestry or 24 national origin; 25 Sec. 17. 5 MRSA §4592, sub-§2, as amended by PL 2005, c. 10, §17, is further 26 amended to read: 27 2. Communication, notice or advertisement. For any person to directly or 28 indirectly publish, display or communicate any notice or advertisement to the effect that 29 any of the accommodations, advantages, facilities and privileges of any place of public 30 accommodation are refused, withheld from or denied to any person on account of race or 31 color, sex, sexual orientation or gender identity, age, physical or mental disability, 32 religion, ancestry or national origin, or that the patronage or custom of any person 33 belonging to or purporting to be of any particular race or color, sex, sexual orientation or 34 gender identity, age, physical or mental disability, religion, ancestry or national origin is 35 unwelcome, objectionable or not acceptable, desired or solicited, or that the clientele is 36 restricted to any particular race or color, sex, sexual orientation or gender identity, age, 37 physical or mental disability, religion, ancestry or national origin. The production of any 38 communication, notice or advertisement purporting to relate to any place of 39 accommodation is presumptive evidence in any action that the action was authorized by 40 its owner, manager or proprietor; 41 Sec. 18. 5 MRSA §4592, sub-§6, as amended by PL 2007, c. 664, §5, is further 42 amended to read: Page 10 - 129LR2283(01)-1 1 6. Association. For a covered entity to exclude or otherwise deny equal goods, 2 services, facilities, privileges, advantages, accommodations or other opportunities to an 3 individual or entity because of the known disability protected class status of an individual 4 with whom the individual or entity is known to have a relationship or association; 5 Sec. 19. 5 MRSA §4595, as amended by PL 2005, c. 10, §18, is further amended 6 to read: 7 §4595. Right to freedom from discrimination solely on basis of age, race, color, sex, 8 sexual orientation, gender identity, marital status, ancestry, religion or 9 national origin in any credit transaction 10 The opportunity for every individual to be extended credit without discrimination 11 solely because of any one or more of the following factors: age; race; color; sex; sexual 12 orientation or gender identity; marital status; ancestry; religion; or national origin is 13 recognized as and declared to be a civil right. 14 Sec. 20. 5 MRSA §4596, as amended by PL 2005, c. 10, §19, is further amended 15 to read: 16 §4596. Unlawful credit extension discrimination 17 It is unlawful credit discrimination for any creditor to refuse the extension of credit to 18 any person solely on the basis of any one or more of the following factors: age; race; 19 color; sex; sexual orientation or gender identity; marital status; ancestry; religion; or 20 national origin in any credit transaction. It is not unlawful credit discrimination to 21 comply with the terms and conditions of any bona fide group credit life, accident and 22 health insurance plan, for a financial institution extending credit to a married person to 23 require both the husband and the wife to sign a note and a mortgage and to deny credit to 24 persons under the age of 18 or to consider a person's age in determining the terms upon 25 which credit will be extended. 26 Sec. 21. 5 MRSA §4601, as amended by PL 2005, c. 10, §20, is further amended 27 to read: 28 §4601. Right to freedom from discrimination in education 29 The opportunity for an individual at an educational institution to participate in all 30 educational, counseling and vocational guidance programs and, all apprenticeship and 31 on-the-job training programs and all extracurricular activities without discrimination 32 because of sex, sexual orientation or gender identity, a physical or mental disability, 33 ancestry, national origin or, race, color or religion is recognized and declared to be a civil 34 right. 35 Sec. 22. 5 MRSA §4602, as amended by PL 2005, c. 662, Pt. A, §1, is further 36 amended to read: Page 11 - 129LR2283(01)-1 1 §4602. Unlawful educational discrimination 2 1. Unlawful educational discrimination. It is unlawful educational discrimination 3 in violation of this Act, on the basis of sex, sexual orientation or gender identity, physical 4 or mental disability, ancestry, national origin, race, color or religion, to: 5 A. Exclude a person from participation in, deny a person the benefits of, or subject a 6 person to, discrimination in any academic, extracurricular, research, occupational 7 training or other program or activity; 8 B. Deny a person equal opportunity in athletic programs; 9 C. Apply any rule concerning the actual or potential family or marital status of a 10 person or to exclude any person from any program or activity because of pregnancy 11 or related conditions or because of sex or sexual orientation or gender identity; 12 D. Deny a person admission to the institution or program or to fail to provide equal 13 access to and information about an institution or program through recruitment; or 14 E. Deny a person financial assistance availability and opportunity. 15 2. Unlawful educational discrimination on the basis of physical or mental 16 disability. It is unlawful educational discrimination in violation of this Act solely on the 17 basis of physical or mental disability to: 18 A. Exclude from participation in, deny the benefits of or subject to discrimination 19 under any educational program or activity any otherwise qualified individual with 20 physical or mental disability; 21 B. Deny any person equal opportunity in athletic programs, provided that no 22 educational institution may be required under this subsection to provide separate 23 athletic programs to serve persons with physical or mental disability; 24 C. Deny admission to any institution or program or fail to provide equal access to 25 and information about an institution or program through recruitment; or 26 D. Deny financial assistance availability and opportunity. 27 Nothing in this subsection may be construed to cover the rights of children with 28 disabilities to special education programs under state or federal law. 29 3. Unlawful educational discrimination on the basis of national origin or race. It 30 is unlawful educational discrimination in violation of this Act, on the basis of national 31 origin or race, to: 32 A. Exclude a person from participation in, deny a person the benefits of, or subject a 33 person to, discrimination in any academic, extracurricular, research, occupational 34 training or other program or activity; 35 B. Deny admission to the institution or program or to fail to provide equal access to 36 and information about an institution or program through recruitment; or 37 C. Deny financial assistance availability and opportunity. Page 12 - 129LR2283(01)-1 1 4. Unlawful education discrimination on the basis of sexual orientation. It is 2 unlawful education discrimination in violation of this Act, on the basis of sexual 3 orientation, to: 4 A. Exclude a person from participation in, deny a person the benefits of or subject a 5 person to discrimination in any academic, extracurricular, research, occupational 6 training or other program or activity; 7 B. Deny a person equal opportunity in athletic programs; 8 C. Apply any rule concerning the actual or potential family or marital status of a 9 person or to exclude any person from any program or activity because of their sexual 10 orientation; 11 D. Deny admission to the institution or program or to fail to provide equal access to 12 any information about an institution or program through recruitment; or 13 E. Deny financial assistance availability and opportunity. 14 The provisions in this subsection relating to sexual orientation do not apply to any 15 education facility owned, controlled or operated by a bona fide religious corporation, 16 association or society. 17 5. Not unlawful education discrimination. Nothing in this section: 18 A. Requires an educational institution to provide separate athletic or other 19 extracurricular programs to serve a person with physical or mental disability; 20 B. May be construed to cover the rights of individuals with disabilities to special 21 education programs under state or federal law; 22 C. Requires a bona fide nonprofit religious corporation, association or society that 23 does not receive public funding to comply with this section as it relates to sexual 24 orientation or gender identity; or 25 D. Requires an educational institution to participate in or endorse any religious 26 beliefs or practices; to the extent that an educational institution permits religious 27 expression, it cannot discriminate between religions in so doing. 28 Sec. 23. 5 MRSA §4612, sub-§4, ¶A, as amended by PL 2011, c. 613, §19 and 29 affected by §29, is further amended to read: 30 A. If the commission finds reasonable grounds to believe that unlawful 31 discrimination has occurred, and further believes that irreparable injury or great 32 inconvenience will be caused the victim of such discrimination or to members of a 33 racial, color, sex, sexual orientation or gender identity, physical or mental disability, 34 religious or nationality group or age group if relief is not immediately granted, or if 35 conciliation efforts under subsection 3 have not succeeded, the commission may file 36 in the Superior Court a civil action seeking such relief as is appropriate, including 37 temporary restraining orders. In a complaint investigated pursuant to a memorandum 38 of understanding between the commission and the United States Department of 39 Housing and Urban Development that results in a reasonable grounds determination, Page 13 - 129LR2283(01)-1 1 the commission shall file a civil action for the use of complainant if conciliation 2 efforts under subsection 3 are unsuccessful. 3 Sec. 24. 5 MRSA §4634, as enacted by PL 2001, c. 206, §1, is amended to read: 4 §4634. Right to breast-feed 5 Notwithstanding any other provision of law, a mother person may breast-feed her the 6 person's baby in any location, public or private, where the mother person is otherwise 7 authorized to be. 8 SUMMARY 9 The purpose of this bill is to address inconsistencies in the protections provided in 10 different areas of jurisdiction under the Maine Human Rights Act. The bill provides 11 more inclusive protection by: 12 1. Including adult family members dependent for care in the definition of "familial 13 status"; 14 2. Including familial status as a protected class in employment; 15 3. Including age as a protected class in public accommodations; 16 4. Providing that public entities cannot discriminate on the basis of protected class; 17 and 18 5. Clarifying the scope of the Maine Human Rights Act application in education. 19 The bill also clarifies the protections provided to pregnant persons in employment 20 and that the sexual orientation provisions already in the Maine Human Rights Act extend 21 to gender identity.

Page 1 - 129LR2283(09)-1 HOUSE AMENDMENT 1 L.D. 1703 2 3 Reproduced and distributed under the direction of the Clerk of the House. 4 STATE OF MAINE 5 HOUSE OF REPRESENTATIVES 6 129TH LEGISLATURE 7 SECOND REGULAR SESSION 8 HOUSE AMENDMENT “ ” to H.P. 1218, L.D. 1703, Bill, “An Act To Improve 9 Consistency within the Maine Human Rights Act” 10 Amend the bill by striking out the title and substituting the following: 11 'An Act To Improve Consistency in the Maine Human Rights Act and Related 12 Statutes' 13 Amend the bill by striking out everything after the enacting clause and inserting the 14 following: 15 'Sec. 1. 5 MRSA §1825-L, sub-§2, ¶A, as enacted by PL 2001, c. 439, Pt. 16 NNNN, §1, is amended to read: 17 A. Comply with all applicable wage, health, labor, environmental and safety laws, 18 legal guarantees of freedom of association, building and fire codes and laws relating 19 to discrimination in hiring, promotion or compensation on the basis of race, 20 disability, national origin, gender, sexual orientation, gender identity or affiliation 21 with any political, nongovernmental or civic group except when federal law 22 precludes the State from attaching the procurement conditions provided in this 23 subchapter. 24 Sec. 2. 5 MRSA §4552, as amended by PL 2005, c. 10, §1, is further amended to 25 read: 26 §4552. Policy 27 To protect the public health, safety and welfare, it is declared to be the policy of this 28 State to keep continually in review all practices infringing on the basic human right to a 29 life with dignity, and the causes of these practices, so that corrective measures may, 30 where possible, be promptly recommended and implemented, and to prevent 31 discrimination in employment, housing, education, extension of credit or access to public 32 accommodations on account of an individual's actual or perceived race, color, sex, sexual 33 orientation or gender identity, physical or mental disability, religion, ancestry or national 34 origin; and in employment, extension of credit and access to public accommodations on 35 the basis of age; and in employment and housing on the basis of familial status; and in 36 employment, discrimination on account of age or because of the previous assertion of a 37 claim or right against another prior employer under former Title 39 or Title 39-A and in Date: (Filing No. H- ) HOUSE AMENDMENT “ ” to H.P. 1218, L.D. 1703 Page 2 - 129LR2283(09)-1 HOUSE AMENDMENT 1 housing because of familial status; and to prevent discrimination in the extension of credit 2 on account of age, race, color, sex, sexual orientation, marital status, religion, ancestry or 3 national origin; and to prevent discrimination in education on account of sex, sexual 4 orientation or physical or mental disability and because of protected activity under Title 5 26, chapter 7, subchapter 5-B, and to prevent discrimination or retaliation on the basis of 6 an assertion of rights under this Act or interference with an individual's right to be free 7 from discrimination prohibited under this Act. 8 Sec. 3. 5 MRSA §4553, sub-§5-A, as amended by PL 2019, c. 464, §1, is further 9 amended to read: 10 5-A. Familial status. "Familial status" means that a family unit may contain one or 11 more individuals who have not attained 18 years of age and are living with: 12 A. A One or more individuals who have not attained 18 years of age and are living 13 with a parent or another person having legal custody of the individual or individuals 14 or the designee of the parent or other person having custody with the written 15 permission of the parent or other person; or 16 B. The designee of the parent or other person having custody, with the written 17 permission of the parent or other person. 18 C. One or more individuals who lack the ability to meet essential requirements for 19 physical health, safety or self-care because the individual or individuals are unable to 20 receive and evaluate information or make or communicate decisions. 21 The protections afforded against discrimination on the basis of familial status apply to 22 any person who is pregnant or who is in the process of securing legal custody of any 23 individual who has not attained 18 years of age. 24 Sec. 4. 5 MRSA §4553, sub-§10, ¶G, as amended by PL 2019, c. 464, §1, is 25 further amended to read: 26 G. Discrimination in employment, housing, public accommodation, credit and 27 educational opportunity on the basis of sexual orientation or gender identity, except 28 that a religious corporation, association or organization that does not receive public 29 funds is exempt from this provision with respect to: 30 (1) Employment, as is more fully set forth in section 4553, subsection 4 and 31 section 4573-A; 32 (2) Housing; and 33 (3) Educational opportunity, as is more fully set forth in section 4602, 34 subsection 4. 35 Any for-profit organization owned, controlled or operated by a religious association 36 or corporation and subject to the provisions of the Internal Revenue Code, 26 United 37 States Code, Section 511(a) is not covered by the exemptions set forth in this 38 paragraph. 39 Sec. 5. 5 MRSA §4571, as amended by PL 2005, c. 10, §10, is further amended to 40 read: HOUSE AMENDMENT “ ” to H.P. 1218, L.D. 1703 Page 3 - 129LR2283(09)-1 HOUSE AMENDMENT 1 §4571. Right to freedom from discrimination in employment 2 The opportunity for an individual to secure employment without discrimination 3 because of race, color, sex, sexual orientation or gender identity, physical or mental 4 disability, religion, age, ancestry or, national origin or familial status is recognized as and 5 declared to be a civil right. 6 Sec. 6. 5 MRSA §4572, sub-§1, as amended by PL 2005, c. 10, §§11 and 12, is 7 further amended to read: 8 1. Unlawful employment. It is unlawful employment discrimination, in violation of 9 this Act, except when based on a bona fide occupational qualification: 10 A. For any employer to fail or refuse to hire or otherwise discriminate against any 11 applicant for employment because of race or color, sex, sexual orientation or gender 12 identity, physical or mental disability, religion, age, ancestry or, national origin, or 13 familial status, because of the applicant's previous assertion of a claim or right under 14 former Title 39 or Title 39-A or because of previous actions taken by the applicant 15 that are protected under Title 26, chapter 7, subchapter 5-B; or, because of those 16 reasons, to discharge an employee or discriminate with respect to hire, tenure, 17 promotion, transfer, compensation, terms, conditions or privileges of employment or 18 any other matter directly or indirectly related to employment; or, in recruiting of 19 individuals for employment or in hiring them, to utilize any employment agency that 20 the employer knows or has reasonable cause to know discriminates against 21 individuals because of their race or color, sex, sexual orientation or gender identity, 22 physical or mental disability, religion, age, ancestry or, national origin, or familial 23 status, because of their previous assertion of a claim or right under former Title 39 or 24 Title 39-A or because of previous actions that are protected under Title 26, chapter 7, 25 subchapter 5-B; 26 (1) This paragraph does not apply to discrimination governed by Title 39-A, 27 section 353; 28 B. For any employment agency to fail or refuse to classify properly, refer for 29 employment or otherwise discriminate against any individual because of race or 30 color, sex, sexual orientation or gender identity, physical or mental disability, 31 religion, age, ancestry or, national origin, or familial status, because of the 32 individual's previous assertion of a claim or right under former Title 39 or Title 39-A 33 or because of previous actions taken by the individual that are protected under Title 34 26, chapter 7, subchapter 5-B; or to comply with an employer's request for the 35 referral of job applicants if a request indicates either directly or indirectly that the 36 employer will not afford full and equal employment opportunities to individuals 37 regardless of their race or color, sex, sexual orientation or gender identity, physical or 38 mental disability, religion, age, ancestry or, national origin, or familial status, because 39 of previous assertion of a claim or right under former Title 39 or Title 39-A or 40 because of previous actions that are protected under Title 26, chapter 7, subchapter 41 5-B; 42 C. For any labor organization to exclude from apprenticeship or membership or to 43 deny full and equal membership rights to any applicant for membership because of 44 race or color, sex, sexual orientation or gender identity, physical or mental disability, HOUSE AMENDMENT “ ” to H.P. 1218, L.D. 1703 Page 4 - 129LR2283(09)-1 HOUSE AMENDMENT 1 religion, age, ancestry or, national origin, or familial status, because of the applicant's 2 previous assertion of a claim or right under former Title 39 or Title 39-A or because 3 of previous actions taken by the applicant that are protected under Title 26, chapter 7, 4 subchapter 5-B; or, because of those reasons, to deny a member full and equal 5 membership rights, expel from membership, penalize or otherwise discriminate with 6 respect to hire, tenure, promotion, transfer, compensation, terms, conditions or 7 privileges of employment, representation, grievances or any other matter directly or 8 indirectly related to membership or employment, whether or not authorized or 9 required by the constitution or bylaws of that labor organization or by a collective 10 labor agreement or other contract; to fail or refuse to classify properly or refer for 11 employment or otherwise discriminate against any member because of race or color, 12 sex, sexual orientation or gender identity, physical or mental disability, religion, age, 13 ancestry or, national origin, or familial status, because of the member's previous 14 assertion of a claim or right under former Title 39 or Title 39-A or because of 15 previous actions taken by the member that are protected under Title 26, chapter 7, 16 subchapter 5-B; or to cause or attempt to cause an employer to discriminate against 17 an individual in violation of this section, except that it is lawful for labor 18 organizations and employers to adopt a maximum age limitation in apprenticeship 19 programs, if the employer or labor organization obtains prior approval from the 20 Maine Human Rights Commission of any maximum age limitation employed in an 21 apprenticeship program. The commission shall approve the age limitation if a 22 reasonable relationship exists between the maximum age limitation employed and a 23 legitimate expectation of the employer in receiving a reasonable return upon the 24 employer's investment in an apprenticeship program. The employer or labor 25 organization bears the burden of demonstrating that such a relationship exists; 26 D. For any employer, employment agency or labor organization, prior to 27 employment or admission to membership of any individual, to: 28 (1) Elicit or attempt to elicit information directly or indirectly pertaining to race 29 or color, sex, sexual orientation or gender identity, physical or mental disability, 30 religion, age, ancestry or, national origin, or familial status, any previous 31 assertion of a claim or right under former Title 39 or Title 39-A or any previous 32 actions that are protected under Title 26, chapter 7, subchapter 5-B; 33 (2) Make or keep a record of race or color, sex, sexual orientation or gender 34 identity, physical or mental disability, religion, age, ancestry or, national origin, 35 or familial status, any previous assertion of a claim or right under former Title 39 36 or Title 39-A or any previous actions that are protected under Title 26, chapter 7, 37 subchapter 5-B, except under physical or mental disability when an employer 38 requires a physical or mental examination prior to employment, a privileged 39 record of that examination is permissible if made and kept in compliance with 40 this Act; 41 (3) Use any form of application for employment, or personnel or membership 42 blank containing questions or entries directly or indirectly pertaining to race or 43 color, sex, sexual orientation or gender identity, physical or mental disability, 44 religion, age, ancestry or, national origin, or familial status, any previous 45 assertion of a claim or right under former Title 39 or Title 39-A or any previous HOUSE AMENDMENT “ ” to H.P. 1218, L.D. 1703 Page 5 - 129LR2283(09)-1 HOUSE AMENDMENT 1 actions that are protected under Title 26, chapter 7, subchapter 5-B. This section 2 does not prohibit any officially recognized government agency from keeping 3 records permitted to be kept under this Act in order to provide free services to 4 individuals requesting rehabilitation or employment assistance; 5 (4) Print, publish or cause to be printed or published any notice or advertisement 6 relating to employment or membership indicating any preference, limitation, 7 specification or discrimination based upon race or color, sex, sexual orientation 8 or gender identity, physical or mental disability, religion, age, ancestry or, 9 national origin, or familial status, any previous assertion of a claim or right under 10 former Title 39 or Title 39-A or any previous actions that are protected under 11 Title 26, chapter 7, subchapter 5-B; or 12 (5) Establish, announce or follow a policy of denying or limiting, through a 13 quota system or otherwise, employment or membership opportunities of any 14 group because of the race or color, sex, sexual orientation or gender identity, 15 physical or mental disability, religion, age, ancestry or, national origin, or 16 familial status, the previous assertion of a claim or right under former Title 39 or 17 Title 39-A or because of previous actions that are protected under Title 26, 18 chapter 7, subchapter 5-B, of that group; or 19 E. For an employer, employment agency or labor organization to discriminate in any 20 manner against individuals because they have opposed a practice that would be a 21 violation of this Act or because they have made a charge, testified or assisted in any 22 investigation, proceeding or hearing under this Act. This paragraph does not in any 23 way limit the liability of individuals or entities pursuant to section 4633. 24 Sec. 7. 5 MRSA §4573-A, sub-§2, as enacted by PL 1995, c. 393, §21, is 25 amended to read: 26 2. Religious entities. This subchapter does not prohibit a religious corporation, 27 association, educational institution or society that does not receive public funds from 28 giving preference in employment to individuals of its same religion to perform work 29 connected with the carrying on by the corporation, association, educational institution or 30 society of its activities. Under this subchapter, a religious organization that does not 31 receive public funds may require that all applicants and employees conform to the 32 religious tenets of that organization. 33 Sec. 8. 5 MRSA §4581, first ¶, as amended by PL 2011, c. 613, §10 and affected 34 by §29, is further amended to read: 35 The opportunity for an individual to secure housing in accordance with the 36 individual's ability to pay, and without discrimination because of race, color, sex, sexual 37 orientation or gender identity, physical or mental disability, religion, ancestry, national 38 origin or familial status is hereby recognized as and declared to be a civil right. 39 Sec. 9. 5 MRSA §4581-A, sub-§1, as enacted by PL 2011, c. 613, §11 and 40 affected by §29, is amended to read: HOUSE AMENDMENT “ ” to H.P. 1218, L.D. 1703 Page 6 - 129LR2283(09)-1 HOUSE AMENDMENT 1 1. Sale or rental of housing and other prohibited practices. For any owner, 2 lessee, sublessee, managing agent or other person having the right to sell or rent or 3 manage a housing accommodation, or any agent of these, to: 4 A. Make or cause to be made any written or oral inquiry concerning the race or 5 color, sex, sexual orientation or gender identity, physical or mental disability, 6 religion, ancestry, national origin or familial status of any prospective purchaser, 7 occupant or tenant of the housing accommodation; 8 B. Refuse to show or refuse to sell, rent, lease, let or otherwise deny to or withhold 9 from any person the housing accommodation because of race or color, sex, sexual 10 orientation or gender identity, physical or mental disability, religion, ancestry, 11 national origin or familial status; 12 C. Make, print or publish or cause to be made, printed or published any notice, 13 statement or advertisement relating to the sale, rental or lease of the housing 14 accommodation that indicates any preference, limitation or discrimination based upon 15 race or color, sex, sexual orientation or gender identity, physical or mental disability, 16 religion, ancestry, national origin or familial status or an intention to make any such 17 preference, limitation or discrimination; 18 D. Discriminate against any person because of race or color, sex, sexual orientation 19 or gender identity, physical or mental disability, religion, ancestry, national origin or 20 familial status in the price, terms, conditions or privileges of the sale, rental or lease 21 of any housing accommodations or in the furnishing of facilities or services in 22 connection with any housing accommodations; or 23 E. Evict or attempt to evict any tenant of any housing accommodation because of the 24 race or color, sex, sexual orientation or gender identity, physical or mental disability, 25 religion, ancestry, national origin or familial status of the tenant; 26 Sec. 10. 5 MRSA §4581-A, sub-§2, as enacted by PL 2011, c. 613, §11 and 27 affected by §29, is amended to read: 28 2. Selling, brokering or appraising of housing. For any real estate broker or real 29 estate salesperson, or any agent of these, to: 30 A. Fail or refuse to show any person a housing accommodation listed for sale, lease 31 or rent because of race or color, sex, sexual orientation or gender identity, physical or 32 mental disability, religion, ancestry, national origin or familial status; 33 B. Misrepresent, for the purpose of discriminating because of race or color, sex, 34 sexual orientation or gender identity, physical or mental disability, religion, ancestry, 35 national origin or familial status, the availability or asking price of a housing 36 accommodation listed for sale, lease or rent or for such reason to fail to communicate 37 to the person having the right to sell, rent or lease the housing accommodation any 38 offer for the same made by any applicant; 39 C. In any other manner to discriminate against any applicant for a housing 40 accommodation because of race or color, sex, sexual orientation or gender identity, 41 physical or mental disability, religion, ancestry, national origin or familial status; HOUSE AMENDMENT “ ” to H.P. 1218, L.D. 1703 Page 7 - 129LR2283(09)-1 HOUSE AMENDMENT 1 D. Make or cause to be made any written or oral inquiry or record concerning the 2 race or color, sex, sexual orientation or gender identity, physical or mental disability, 3 religion, ancestry, national origin or familial status of any applicant for or intended 4 occupant of a housing accommodation; or 5 E. Accept for listing any housing accommodation when the person having the right 6 to sell, rent or lease the housing accommodation has directly or indirectly indicated 7 an intention of discriminating among prospective tenants or purchasers on the ground 8 of race or color, sex, sexual orientation or gender identity, physical or mental 9 disability, religion, ancestry, national origin or familial status, or when the broker or 10 salesperson knows or has reason to know that the person having the right to sell, rent 11 or lease the housing accommodation has made a practice of discrimination since July 12 1, 1972; 13 Sec. 11. 5 MRSA §4581-A, sub-§3, as enacted by PL 2011, c. 613, §11 and 14 affected by §29, is amended to read: 15 3. Making of loans; other financial assistance. For any person to whom 16 application is made for a loan or other form of financial assistance for the acquisition, 17 construction, rehabilitation, repair or maintenance of any housing accommodation, 18 whether secured or unsecured, or agent of the person, to: 19 A. Make or cause to be made any oral or written inquiry concerning the race or 20 color, sex, sexual orientation or gender identity, physical or mental disability, 21 religion, ancestry, national origin or familial status of any applicant for financial 22 assistance or of existing or prospective occupants or tenants of housing 23 accommodations; or 24 B. Discriminate in the granting of financial assistance, or in the terms, conditions or 25 privileges relating to obtaining or the use of any financial assistance, against any 26 applicant because of race or color, sex, sexual orientation or gender identity, physical 27 or mental disability, religion, ancestry, national origin or familial status; or 28 Sec. 12. 5 MRSA §4583, as amended by PL 2007, c. 243, §4, is further amended 29 to read: 30 §4583. Application 31 Nothing in this Act may be construed to prohibit or limit the exercise of the privilege 32 of every person and the agent of any person having the right to sell, rent, lease or manage 33 a housing accommodation to set up and enforce specifications in the selling, renting, 34 leasing or letting or in the furnishings of facilities or services in connection with the 35 facilities that are consistent with business necessity and are not based on the race, color, 36 sex, sexual orientation or gender identity, physical or mental disability, religion, country 37 of ancestral origin or familial status of or the receipt of public assistance payments by any 38 prospective or actual purchaser, lessee, tenant or occupant. Nothing in this Act may be 39 construed to prohibit or limit the exercise of the privilege of every person and the agent of 40 any person making loans for or offering financial assistance in the acquisition, 41 construction, rehabilitation, repair or maintenance of housing accommodations to set 42 standards and preferences, terms, conditions, limitations or specifications for the granting 43 of loans or financial assistance that are consistent with business necessity and are not HOUSE AMENDMENT “ ” to H.P. 1218, L.D. 1703 Page 8 - 129LR2283(09)-1 HOUSE AMENDMENT 1 based on the race, color, sex, sexual orientation or gender identity, physical or mental 2 disability, religion, country of ancestral origin or familial status of or the receipt of public 3 assistance payments by the applicant for a loan or financial assistance or of any existing 4 or prospective owner, lessee, tenant or occupant of housing accommodation. 5 Sec. 13. 5 MRSA §4591, as amended by PL 2005, c. 10, §16, is further amended 6 to read: 7 §4591. Equal access to public accommodations 8 The opportunity for every individual to have equal access to places of public 9 accommodation without discrimination because of race, color, sex, sexual orientation or 10 gender identity, age, physical or mental disability, religion, ancestry or national origin is 11 recognized as and declared to be a civil right. 12 Sec. 14. 5 MRSA §4592, sub-§1, as amended by PL 2005, c. 10, §17, is further 13 amended to read: 14 1. Denial of public accommodations. For any public accommodation or any person 15 who is the owner, lessor, lessee, proprietor, operator, manager, superintendent, agent or 16 employee of any place of public accommodation to directly or indirectly refuse, 17 discriminate against or in any manner withhold from or deny the full and equal enjoyment 18 to any person, on account of race or color, sex, sexual orientation or gender identity, age, 19 physical or mental disability, religion, ancestry or national origin, any of the 20 accommodations, advantages, facilities, goods, services or privileges of public 21 accommodation, or in any manner discriminate against any person in the price, terms or 22 conditions upon which access to accommodation, advantages, facilities, goods, services 23 and privileges may depend. 24 For purposes of this subsection, unlawful discrimination also includes, but is not limited 25 to: 26 A. The imposition or application of eligibility criteria that screen out or tend to 27 screen out an individual with a disability or any class of individuals with disabilities 28 from fully and equally enjoying any goods, services, facilities, privileges, advantages 29 or accommodations, unless the criteria can be shown to be necessary for the provision 30 of the goods, services, facilities, privileges, advantages or accommodations being 31 offered; 32 B. A failure to make reasonable modifications in policies, practices or procedures, 33 when modifications are necessary to afford the goods, services, facilities, privileges, 34 advantages or accommodations to individuals with disabilities, unless, in the case of a 35 private entity, the private entity can demonstrate that making the modifications would 36 fundamentally alter the nature of the goods, services, facilities, privileges, advantages 37 or accommodations; 38 C. A failure to take steps that may be necessary to ensure that no individual with a 39 disability is excluded, denied services, segregated or otherwise treated differently 40 than other individuals because of the absence of auxiliary aids and services, unless, in 41 the case of a private entity, the private entity can demonstrate that taking those steps 42 would fundamentally alter the nature of the good, service, facility, privilege, 43 advantage or accommodation being offered or would result in an undue burden; HOUSE AMENDMENT “ ” to H.P. 1218, L.D. 1703 Page 9 - 129LR2283(09)-1 HOUSE AMENDMENT 1 D. A private entity's failure to remove architectural barriers and communication 2 barriers that are structural in nature in existing facilities and transportation barriers in 3 existing vehicles and rail passenger cars used by an establishment for transporting 4 individuals, not including barriers that can be removed only through the retrofitting of 5 vehicles or rail passenger cars by the installation of a hydraulic or other lift, where 6 the removal is readily achievable;. 7 When the entity can demonstrate that the removal of a barrier under this paragraph is 8 not readily achievable, a failure to make the goods, services, facilities, privileges, 9 advantages or accommodations available through alternative methods if alternative 10 methods are readily achievable; and 11 E. A qualified individual with a disability, by reason of that disability, being 12 excluded from participation in or being denied the benefits of the services, programs 13 or activities of a public entity, or being subjected to discrimination by any such 14 entity; 15 Sec. 15. 5 MRSA §4592, sub-§2, as amended by PL 2005, c. 10, §17, is further 16 amended to read: 17 2. Communication, notice or advertisement. For any person to directly or 18 indirectly publish, display or communicate any notice or advertisement to the effect that 19 any of the accommodations, advantages, facilities and privileges of any place of public 20 accommodation are refused, withheld from or denied to any person on account of race or 21 color, sex, sexual orientation or gender identity, age, physical or mental disability, 22 religion, ancestry or national origin, or that the patronage or custom of any person 23 belonging to or purporting to be of any particular race or color, sex, sexual orientation or 24 gender identity, age, physical or mental disability, religion, ancestry or national origin is 25 unwelcome, objectionable or not acceptable, desired or solicited, or that the clientele is 26 restricted to any particular race or color, sex, sexual orientation or gender identity, age, 27 physical or mental disability, religion, ancestry or national origin. The production of any 28 communication, notice or advertisement purporting to relate to any place of 29 accommodation is presumptive evidence in any action that the action was authorized by 30 its owner, manager or proprietor; 31 Sec. 16. 5 MRSA §4592, sub-§6, as amended by PL 2007, c. 664, §5, is further 32 amended to read: 33 6. Association. For a covered entity to exclude or otherwise deny equal goods, 34 services, facilities, privileges, advantages, accommodations or other opportunities to an 35 individual or entity because of the known disability protected class status of an individual 36 with whom the individual or entity is known to have a relationship or association; 37 Sec. 17. 5 MRSA §4595, as amended by PL 2005, c. 10, §18, is further amended 38 to read: 39 §4595. Right to freedom from discrimination solely on basis of age, race, color, sex, 40 sexual orientation, gender identity, marital status, ancestry, religion or 41 national origin in any credit transaction 42 The opportunity for every individual to be extended credit without discrimination 43 solely because of any one or more of the following factors: age; race; color; sex; sexual HOUSE AMENDMENT “ ” to H.P. 1218, L.D. 1703 Page 10 - 129LR2283(09)-1 HOUSE AMENDMENT 1 orientation or gender identity; marital status; ancestry; religion; or national origin is 2 recognized as and declared to be a civil right. 3 Sec. 18. 5 MRSA §4596, as amended by PL 2005, c. 10, §19, is further amended 4 to read: 5 §4596. Unlawful credit extension discrimination 6 It is unlawful credit discrimination for any creditor to refuse the extension of credit to 7 any person solely on the basis of any one or more of the following factors: age; race; 8 color; sex; sexual orientation or gender identity; marital status; ancestry; religion; or 9 national origin in any credit transaction. It is not unlawful credit discrimination to 10 comply with the terms and conditions of any bona fide group credit life, accident and 11 health insurance plan, for a financial institution extending credit to a married person to 12 require both the husband and the wife to sign a note and a mortgage and to deny credit to 13 persons under the age of 18 or to consider a person's age in determining the terms upon 14 which credit will be extended. 15 Sec. 19. 5 MRSA §4601, as amended by PL 2005, c. 10, §20, is further amended 16 to read: 17 §4601. Right to freedom from discrimination in education 18 The opportunity for an individual at an educational institution to participate in all 19 educational, counseling and vocational guidance programs and, all apprenticeship and 20 on-the-job training programs and all extracurricular activities without discrimination 21 because of sex, sexual orientation or gender identity, a physical or mental disability, 22 ancestry, national origin or, race, color or religion is recognized and declared to be a civil 23 right. 24 Sec. 20. 5 MRSA §4602, as amended by PL 2005, c. 662, Pt. A, §1, is further 25 amended to read: 26 §4602. Unlawful educational discrimination 27 1. Unlawful educational discrimination on the basis of sex. It is unlawful 28 educational discrimination in violation of this Act, on the basis of sex, sexual orientation 29 or gender identity, physical or mental disability, ancestry, national origin, race, color or 30 religion, to: 31 A. Exclude a person from participation in, deny a person the benefits of, or subject a 32 person to, discrimination in any academic, extracurricular, research, occupational 33 training or other program or activity; 34 B. Deny a person equal opportunity in athletic programs; 35 C. Apply any rule concerning the actual or potential family or marital status of a 36 person or to exclude any person from any program or activity because of pregnancy 37 or related conditions or because of sex or sexual orientation or gender identity; 38 D. Deny a person admission to the institution or program or to fail to provide equal 39 access to and information about an institution or program through recruitment; or 40 E. Deny a person financial assistance availability and opportunity. HOUSE AMENDMENT “ ” to H.P. 1218, L.D. 1703 Page 11 - 129LR2283(09)-1 HOUSE AMENDMENT 1 2. Unlawful educational discrimination on the basis of physical or mental 2 disability. It is unlawful educational discrimination in violation of this Act solely on the 3 basis of physical or mental disability to: 4 A. Exclude from participation in, deny the benefits of or subject to discrimination 5 under any educational program or activity any otherwise qualified individual with 6 physical or mental disability; 7 B. Deny any person equal opportunity in athletic programs, provided that no 8 educational institution may be required under this subsection to provide separate 9 athletic programs to serve persons with physical or mental disability; 10 C. Deny admission to any institution or program or fail to provide equal access to 11 and information about an institution or program through recruitment; or 12 D. Deny financial assistance availability and opportunity. 13 Nothing in this subsection may be construed to cover the rights of children with 14 disabilities to special education programs under state or federal law. 15 3. Unlawful educational discrimination on the basis of national origin or race. It 16 is unlawful educational discrimination in violation of this Act, on the basis of national 17 origin or race, to: 18 A. Exclude a person from participation in, deny a person the benefits of, or subject a 19 person to, discrimination in any academic, extracurricular, research, occupational 20 training or other program or activity; 21 B. Deny admission to the institution or program or to fail to provide equal access to 22 and information about an institution or program through recruitment; or 23 C. Deny financial assistance availability and opportunity. 24 4. Unlawful education discrimination on the basis of sexual orientation. It is 25 unlawful education discrimination in violation of this Act, on the basis of sexual 26 orientation, to: 27 A. Exclude a person from participation in, deny a person the benefits of or subject a 28 person to discrimination in any academic, extracurricular, research, occupational 29 training or other program or activity; 30 B. Deny a person equal opportunity in athletic programs; 31 C. Apply any rule concerning the actual or potential family or marital status of a 32 person or to exclude any person from any program or activity because of their sexual 33 orientation; 34 D. Deny admission to the institution or program or to fail to provide equal access to 35 any information about an institution or program through recruitment; or 36 E. Deny financial assistance availability and opportunity. 37 The provisions in this subsection relating to sexual orientation do not apply to any 38 education facility owned, controlled or operated by a bona fide religious corporation, 39 association or society. HOUSE AMENDMENT “ ” to H.P. 1218, L.D. 1703 Page 12 - 129LR2283(09)-1 HOUSE AMENDMENT 1 5. Not unlawful education discrimination. Nothing in this section: 2 A. Requires an educational institution to provide separate athletic or other 3 extracurricular programs to serve a person with physical or mental disability; 4 B. May be construed to cover the rights of individuals with disabilities to special 5 education programs under state or federal law; 6 C. Requires a religious corporation, association or society that does not receive 7 public funding to comply with this section as it relates to sexual orientation or gender 8 identity; or 9 D. Requires an educational institution to participate in or endorse any religious 10 beliefs or practices; to the extent that an educational institution permits religious 11 expression, it cannot discriminate between religions in so doing. 12 Sec. 21. 5 MRSA §4634, as enacted by PL 2001, c. 206, §1, is amended to read: 13 §4634. Right to breast-feed 14 Notwithstanding any other provision of law, a mother person may breast-feed her the 15 person's baby in any location, public or private, where the mother person is otherwise 16 authorized to be. 17 Sec. 22. 5 MRSA §4684-A, as enacted by PL 1993, c. 379, §1, is amended to 18 read: 19 §4684-A. Civil rights 20 For purposes of this chapter and Title 17, section 2931, a person has the right to 21 engage in lawful activities without being subject to physical force or violence, damage or 22 destruction of property, trespass on property or the threat of physical force or violence, 23 damage or destruction of property or trespass on property motivated by reason of race, 24 color, religion, sex, ancestry, national origin, physical or mental disability or, sexual 25 orientation or gender identity. 26 Sec. 23. 5 MRSA §17057, sub-§5, ¶B, as enacted by PL 2011, c. 449, §2, is 27 amended to read: 28 B. Personal information. Records containing the following information are 29 confidential, except that the records may be examined by the employee to whom they 30 relate when the examination is permitted or required by law: 31 (1) Medical information of any kind, including information pertaining to 32 diagnosis or treatment of mental or emotional disorders; 33 (2) Performance evaluations and personal references submitted in confidence; 34 (3) Information pertaining to the creditworthiness of a named employee; 35 (4) Information pertaining to the personal history, general character or conduct 36 of members of the employee's immediate family; 37 (5) Personal information pertaining to the employee's race, color, religion, sex, 38 national origin, ancestry, age, physical disability, mental disability, marital status HOUSE AMENDMENT “ ” to H.P. 1218, L.D. 1703 Page 13 - 129LR2283(09)-1 HOUSE AMENDMENT 1 and, sexual orientation and gender identity; social security number; personal 2 contact information as provided in Title 1, section 402, subsection 3, paragraph 3 O; and personal employment choices pertaining to elected payroll deductions, 4 deferred compensation, savings plans, pension plans, health insurance and life 5 insurance; and 6 (6) Complaints, charges or accusations of misconduct, replies to those 7 complaints, charges or accusations and any other information or materials that 8 may result in disciplinary action. If disciplinary action is taken, the final written 9 decision relating to that action is no longer confidential after the decision is 10 completed if it imposes or upholds discipline. If an arbitrator completely 11 overturns or removes disciplinary action from an employee personnel file, the 12 final written decision is public except that the employee's name must be deleted 13 from the final written decision and kept confidential. If the employee whose 14 name was deleted from the final written decision discloses that the employee is 15 the person who is the subject of the final written decision, the entire final written 16 decision, with regard to that employee, is public. 17 For purposes of this subparagraph, "final written decision" means: 18 (a) The final written administrative decision that is not appealed pursuant to 19 a grievance arbitration procedure; or 20 (b) If the final written administrative decision is appealed to arbitration, the 21 final written decision of a neutral arbitrator. 22 A final written administrative decision that is appealed to arbitration is no longer 23 confidential 120 days after a written request for the decision is made to the 24 employer if the final written decision of the neutral arbitrator is not issued and 25 released before the expiration of the 120 days. 26 This paragraph does not preclude a union representative from having access to 27 personnel records that are necessary for the bargaining agent to carry out collective 28 bargaining responsibilities. Any records available to union representatives that are 29 otherwise covered by this paragraph remain confidential and are not open for public 30 inspection; 31 Sec. 24. 14 MRSA §1202-A, as corrected by RR 2017, c. 1, §6, is amended to 32 read: 33 §1202-A. Prohibition of discrimination 34 A citizen may not be excluded from jury service in this State on account of race, 35 color, religion, sex, sexual orientation as defined in Title 5, section 4553, subsection 9-C, 36 gender identity, national origin, ancestry, economic status, marital status, age or physical 37 handicap, except as provided in this chapter. 38 Sec. 25. 17-A MRSA §1501, sub-§8, ¶B, as enacted by PL 2019, c. 113, Pt. A, 39 §2, is amended to read: 40 B. The selection by the person of the victim or of the property that was damaged or 41 otherwise affected by the crime because of the race, color, religion, sex, ancestry, HOUSE AMENDMENT “ ” to H.P. 1218, L.D. 1703 Page 14 - 129LR2283(09)-1 HOUSE AMENDMENT 1 national origin, physical or mental disability, sexual orientation, gender identity or 2 homelessness of the victim or of the owner or occupant of that property; and 3 Sec. 26. 20-A MRSA §2404, sub-§3, as enacted by PL 2011, c. 414, §5, is 4 amended to read: 5 3. Discrimination prohibited. A public charter school may not discriminate on the 6 basis of race, ethnicity, national origin, religion, gender, sexual orientation, gender 7 identity, income level, disabling condition, proficiency in the English language or 8 academic or athletic ability, except that nothing in this subsection may be construed to 9 limit the formation of a public charter school that is dedicated to focusing education 10 services on at-risk pupils, students with disabilities and students who pose such severe 11 disciplinary problems that they warrant a specific education program. 12 Sec. 27. 20-A MRSA §2412, sub-§4, ¶A, as enacted by PL 2011, c. 414, §5, is 13 amended to read: 14 A. A public charter school may not discriminate against any person on the basis of 15 race, color, sex, sexual orientation, gender identity, physical or mental disability, 16 religion, age, ancestry or national origin or on any other basis that would be unlawful 17 if done by a noncharter public school. 18 Sec. 28. 24-A MRSA §6910, sub-§3, ¶B, as corrected by RR 2003, c. 1, §22, is 19 amended to read: 20 B. Ensure that: 21 (1) Providers contracting with a carrier contracted to provide coverage to plan 22 enrollees do not charge plan enrollees or 3rd parties for covered health care 23 services in excess of the amount allowed by the carrier the provider has 24 contracted with, except for applicable copayments, deductibles or coinsurance or 25 as provided in section 4204, subsection 6; 26 (2) Providers contracting with a carrier contracted to provide coverage to plan 27 enrollees do not refuse to provide services to a plan enrollee on the basis of 28 health status, medical condition, previous insurance status, race, color, creed, age, 29 national origin, citizenship status, gender, sexual orientation, gender identity, 30 disability or marital status. This subparagraph may not be construed to require a 31 provider to furnish medical services that are not within the scope of that 32 provider's license; and 33 (3) Providers contracting with a carrier contracted to provide coverage to plan 34 enrollees are reimbursed at the negotiated reimbursement rates between the 35 carrier and its provider network. 36 Sec. 29. 25 MRSA §1544, 2nd ¶, as amended by PL 2001, c. 399, §6, is further 37 amended to read: 38 The bureau shall establish a category for abuse by adults of family or household 39 members, a category for cruelty to animals and a category for crimes that manifest 40 evidence of prejudice based on race, religion, disability, sexual orientation, gender 41 identity or ethnicity that are supplementary to its other reported information. The bureau HOUSE AMENDMENT “ ” to H.P. 1218, L.D. 1703 Page 15 - 129LR2283(09)-1 HOUSE AMENDMENT 1 shall prescribe the information to be submitted in the same manner as for all other 2 categories of the uniform crime reports. 3 Sec. 30. 30-A MRSA §4706, sub-§5, ¶B, as enacted by PL 2017, c. 234, §8, is 4 amended to read: 5 B. Authority records pertaining to an identifiable employee and containing the 6 following: 7 (1) Medical information of any kind, including information pertaining to 8 diagnosis or treatment of mental or emotional disorders; 9 (2) Performance evaluations and personal references submitted in confidence; 10 (3) Information pertaining to the creditworthiness of a named employee; 11 (4) Information pertaining to the personal history, general character or conduct 12 of members of the employee's immediate family; 13 (5) Complaints, charges or accusations of misconduct, replies to those 14 complaints, charges or accusations and any other information or materials that 15 may result in disciplinary action. If disciplinary action is taken, the final written 16 decision relating to that action is no longer confidential after the decision is 17 completed if it imposes or upholds discipline. The decision must state the 18 conduct or other facts on the basis of which disciplinary action is being imposed 19 and the conclusions of the acting authority as to the reasons for that action; and 20 (6) Personal information, including that which pertains to the employee's: 21 (a) Age; 22 (b) Ancestry, ethnicity, genetic information, national origin, race or skin 23 color; 24 (c) Marital status; 25 (d) Mental or physical disabilities; 26 (e) Personal contact information, as described in Title 1, section 402, 27 subsection 3, paragraph O; 28 (f) Personal employment choices pertaining to elected payroll deductions, 29 deferred compensation, saving plans, pension plans, health insurance and life 30 insurance; 31 (g) Religion; 32 (h) Sex or, sexual orientation as defined in Title 5, section 4553, subsection 33 9-C or gender identity; or 34 (i) Social security number; and 35 Sec. 31. 34-B MRSA §3611, sub-§9, ¶B, as enacted by PL 2007, c. 592, §2, is 36 amended to read: HOUSE AMENDMENT “ ” to H.P. 1218, L.D. 1703 Page 16 - 129LR2283(09)-1 HOUSE AMENDMENT 1 B. A person may not be excluded from the council system or discriminated against 2 within the council system by reason of race, creed, color, gender, sexual orientation, 3 gender identity, age, marital status, homelessness, national origin, disability or status 4 as a consumer of mental health services. 5 Sec. 32. 34-B MRSA §15002, sub-§6, as enacted by PL 1997, c. 790, Pt. A, §1 6 and affected by §3, is amended to read: 7 6. Rights protections; cultural sensitivity. The program must protect the rights of 8 children to receive care without regard to race, religion, ancestry or national origin, 9 gender, physical or mental disability or, sexual orientation or gender identity. 10 Sec. 33. 36 MRSA §5122, sub-§2, ¶O, as amended by PL 2001, c. 679, §3 and 11 affected by §6, is further amended to read: 12 O. A Holocaust victim settlement payment received by a Holocaust victim to the 13 extent included in federal adjusted gross income. This paragraph applies only to a 14 taxpayer who is the first recipient of a Holocaust victim settlement payment. For 15 purposes of this paragraph, the following terms have the following meanings. 16 (1) "Holocaust victim" means an individual who died, lost property or was a 17 victim of persecution as a result of discriminatory laws, policies or actions 18 targeted against discrete groups of individuals based on race, religion, ethnicity, 19 sexual orientation, gender identity or national origin, whether or not the 20 individual was actually a member of any of those groups, or because the 21 individual assisted or allegedly assisted any of those groups, between January 1, 22 1929 and December 31, 1945, in Nazi Germany or in any European country 23 allied with or occupied by Nazi Germany. "Holocaust victim" includes the 24 spouse or descendant of such an individual. 25 (2) "Holocaust victim settlement payment" means a payment received: 26 (a) As a result of the taxpayer's status as a Holocaust victim; 27 (b) As a result of the settlement of any other Holocaust claim, including an 28 insurance claim, a claim relating to looted art, a claim relating to looted 29 financial assets, a claim relating to slave labor wages or a class action lawsuit 30 claim against Swiss banks; or 31 (c) As interest on any payment under division (a) or (b) accumulated or 32 accrued through the date of payment;' 33 Amend the bill by relettering or renumbering any nonconsecutive Part letter or 34 section number to read consecutively. 35 SUMMARY 36 This amendment incorporates the substance of the bill, as amended by Committee 37 Amendment "A," Senate Amendment "A" and House Amendment "A" and makes the 38 following changes: HOUSE AMENDMENT “ ” to H.P. 1218, L.D. 1703 Page 17 - 129LR2283(09)-1 HOUSE AMENDMENT 1 1. It strikes from the bill a provision that makes it unlawful public accommodations 2 discrimination under the Maine Human Rights Act for any public entity to discriminate 3 on the basis of protected class; and 4 2. It retains a provision in current law that makes it unlawful discrimination for a 5 qualified individual with a disability, by reason of that disability, to be excluded from 6 participation in or denied the benefits of the services, programs or activities of a public 7 entity or subjected to discrimination by a public entity. 8 The amendment also updates the statutory sections to reflect changes in the law that 9 were enacted in the First Regular Session of the 129th Legislature. 10 FISCAL NOTE REQUIRED 11 (See attached) 12 SPONSORED BY: ___________________________________ 13 (Representative BAILEY) 14 TOWN: Saco