This bill modifies provisions of the Maine Human Rights Act to allow a court to award compensatory damages in cases of intentional educational discrimination. Compensatory damages include damages for loss of education, loss of educational opportunity, past and
43 future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of
44 enjoyment of life and other nonpecuniary losses. The bill specifies that these compensatory damages are not available in cases when the discriminatory practice involves the provision of a reasonable accommodation and the educational institution had demonstrated good faith efforts, in consultation with the person with the disability, to make a reasonable accommodation that would provide that individual with an equally effective opportunity and would not cause undue hardship on the operation of the educational institution. Compensatory damages are not available in cases in which the practice was unlawful only because of its disparate impact. The bill also adds language that excludes cases of intentional educational discrimination from the existing limited monetary remedy available for unlawful discrimination under the Maine Human Rights Act.

Statutes affected:
Bill Text LD 1647, SP 655: 5.4613