LAW WITHOUT
GOVERNOR'S CHAPTER
SIGNATURE
489
JANUARY 7, 2024 PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-THREE
_____
H.P. 177 - L.D. 279
An Act to Protect Against Discrimination by Public Entities
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA §4553, sub-§8-D, ¶A, as amended by PL 2019, c. 464, §1, is
further amended to read:
A. Subchapter 3 (employment); and.
Sec. 2. 5 MRSA §4553, sub-§8-D, ¶B, as amended by PL 2019, c. 464, §1, is
repealed.
Sec. 3. 5 MRSA §4553, sub-§8-D, as amended by PL 2019, c. 464, §1, is further
amended by repealing the 2nd blocked paragraph.
Sec. 4. 5 MRSA §4553, sub-§10, ¶F, as amended by PL 2005, c. 10, §5, is further
amended to read:
F. Unlawful educational discrimination as defined and limited by subchapter 5‑B; and
Sec. 5. 5 MRSA §4553, sub-§10, ¶G, as amended by PL 2021, c. 366, §3, is further
amended to read:
G. Discrimination in employment, housing, public accommodation, credit and
educational opportunity on the basis of sexual orientation or gender identity, except
that a religious corporation, association or organization that does not receive public
funds is exempt from this provision with respect to:
(1) Employment, as is more fully set forth in section 4553, subsection 4 and section
4573‑A;
(2) Housing; and
(3) Educational opportunity.
Any for-profit organization owned, controlled or operated by a religious association or
corporation and subject to the provisions of the United States Internal Revenue Code
of 1986, 26 United States Code, Section 511(a) is not covered by the exemptions set
forth in this paragraph.; and
Page 1 - 131LR0270(08)
 Sec. 6. 5 MRSA §4553, sub-§10, ¶H is enacted to read:
H. Unlawful discrimination by public entities as described in section 4630.
Sec. 7. 5 MRSA §4592, sub-§1, ¶C, as enacted by PL 1995, c. 393, §22, is
amended to read:
C. A failure to take steps that may be necessary to ensure that no individual with a
disability is excluded, denied services, segregated or otherwise treated differently than
other individuals because of the absence of auxiliary aids and services, unless, in the
case of a private entity, the private entity can demonstrate that taking those steps would
fundamentally alter the nature of the good, service, facility, privilege, advantage or
accommodation being offered or would result in an undue burden; and
Sec. 8. 5 MRSA §4592, sub-§1, ¶D, as amended by PL 2021, c. 366, §13, is further
amended to read:
D. A private entity's failure to remove architectural barriers and communication
barriers that are structural in nature in existing facilities and transportation barriers in
existing vehicles and rail passenger cars used by an establishment for transporting
individuals, not including barriers that can be removed only through the retrofitting of
vehicles or rail passenger cars by the installation of a hydraulic or other lift, where the
removal is readily achievable.
When the entity can demonstrate that the removal of a barrier under this paragraph is
not readily achievable, a failure to make the goods, services, facilities, privileges,
advantages or accommodations available through alternative methods if alternative
methods are readily achievable; and
Sec. 9. 5 MRSA §4592, sub-§1, ¶E, as enacted by PL 1995, c. 393, §22, is
repealed.
Sec. 10. 5 MRSA §4630 is enacted to read:
§4630. Discrimination by public entities prohibited
1. Unlawful discrimination. A public entity may not discriminate against an
individual, exclude an individual from participation in a service, program or activity of that
public entity or otherwise deny to an individual the benefits of a service, program or activity
of that public entity by reason of the individual's race or color, sex, sexual orientation or
gender identity, age, physical or mental disability, religion, ancestry or national origin.
2. Exception; direct threat. This section does not require a public entity to permit an
individual to participate in or benefit from a service, program or activity of a public entity
when the individual poses a direct threat to the health or safety of others. For the purposes
of this subsection, "direct threat" means a significant risk to the health or safety of others
that cannot be eliminated by a modification of a policy, practice or procedure or by the
provision of an auxiliary aid or service.
3. Continued applicability. This section does not diminish the applicability of other
provisions of this chapter to public entities acting as employers, providing public
accommodations or education or acting as providers of credit or housing.
Sec. 11. Appropriations and allocations. The following appropriations and
allocations are made.
Page 2 - 131LR0270(08)
ATTORNEY GENERAL, DEPARTMENT OF THE
Administration - Attorney General 0310
Initiative: Establishes one limited-period Assistant Attorney General position in the
litigation division through June 14, 2025 and provides funding for related All Other costs.
OTHER SPECIAL REVENUE FUNDS 2023-24 2024-25
Personal Services $89,018 $122,242
All Other $6,519 $8,692
__________ __________
OTHER SPECIAL REVENUE FUNDS TOTAL $95,537 $130,934
ATTORNEY GENERAL, DEPARTMENT OF THE
DEPARTMENT TOTALS 2023-24 2024-25
OTHER SPECIAL REVENUE FUNDS $95,537 $130,934
__________ __________
DEPARTMENT TOTAL - ALL FUNDS $95,537 $130,934
CORRECTIONS, DEPARTMENT OF
Administration - Corrections 0141
Initiative: Establishes one limited-period Correctional Care and Treatment Worker position
and provides funding for Assistant Attorney General billing costs and other related costs to
investigate claims made to the Maine Human Rights Commission and submit relevant
documents, data and records. The position begins January 1, 2024 and ends June 14, 2025.
GENERAL FUND 2023-24 2024-25
Personal Services $47,965 $100,140
All Other $2,035 $118,424
__________ __________
GENERAL FUND TOTAL $50,000 $218,564
CORRECTIONS, DEPARTMENT OF
DEPARTMENT TOTALS 2023-24 2024-25
GENERAL FUND $50,000 $218,564
__________ __________
DEPARTMENT TOTAL - ALL FUNDS $50,000 $218,564
SECTION TOTALS 2023-24 2024-25
GENERAL FUND $50,000 $218,564
OTHER SPECIAL REVENUE FUNDS $95,537 $130,934
__________ __________
SECTION TOTAL - ALL FUNDS $145,537 $349,498
Page 3 - 131LR0270(08)


Statutes affected:
Bill Text LD 279, HP 177: 5.4553, 5.4592
Bill Text ACTPUB , Chapter 489: 5.4553, 5.4592