APPROVED CHAPTER
JUNE 11, 2025 269
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FIVE
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H.P. 1269 - L.D. 1898
An Act to Correct Outdated References Regarding the Maine Human Rights
Act
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA §4572, sub-§1, as amended by PL 2021, c. 293, Pt. B, §2 and c.
366, §5 and c. 476, §1, is further amended to read:
1. Unlawful employment discrimination. It is unlawful employment discrimination,
in violation of this Act, except when based on a bona fide occupational qualification:
A. For any employer to fail or refuse to hire or otherwise discriminate against any
applicant for employment because of race or color, sex, sexual orientation or gender
identity, physical or mental disability, religion, age, ancestry, national origin or familial
status, because of the applicant's previous assertion of a claim or right under former
Title 39 or Title 39‑A, because of previous actions taken by the applicant that are
protected under Title 26, chapter 7, subchapter 5‑B or because the applicant sought and
received an order of protection under Title 19‑A, former section 4007 or a final
protection order pursuant to Title 19-A, section 4110 or pursuant to a substantially
similar provision of the law of another state or nation; or, because of those reasons, to
discharge an employee or discriminate with respect to hire, tenure, promotion, transfer,
compensation, terms, conditions or privileges of employment or any other matter
directly or indirectly related to employment; or, in recruiting of individuals for
employment or in hiring them, to utilize any employment agency that the employer
knows or has reasonable cause to know discriminates against individuals because of
their race or color, sex, sexual orientation or gender identity, physical or mental
disability, religion, age, ancestry, national origin or familial status, because of their
previous assertion of a claim or right under former Title 39 or Title 39‑A, because of
previous actions that are protected under Title 26, chapter 7, subchapter 5‑B or because
the applicant sought and received an order of protection under Title 19‑A, former
section 4007 or a final protection order pursuant to Title 19-A, section 4110 or pursuant
to a substantially similar provision of the law of another state or nation.
(1) This paragraph does not apply to discrimination governed by Title 39‑A,
section 353;
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B. For any employment agency to fail or refuse to classify properly, refer for
employment or otherwise discriminate against any individual because of race or color,
sex, sexual orientation or gender identity, physical or mental disability, religion, age,
ancestry, national origin or familial status, because of the individual's previous
assertion of a claim or right under former Title 39 or Title 39‑A, because of previous
actions taken by the individual that are protected under Title 26, chapter 7, subchapter
5‑B or because the individual sought and received an order of protection under Title
19‑A, former section 4007 or a final protection order pursuant to Title 19-A, section
4110 or pursuant to a substantially similar provision of the law of another state or
nation; or to comply with an employer's request for the referral of job applicants if a
request indicates either directly or indirectly that the employer will not afford full and
equal employment opportunities to individuals regardless of their race or color, sex,
sexual orientation or gender identity, physical or mental disability, religion, age,
ancestry, national origin or familial status, because of previous assertion of a claim or
right under former Title 39 or Title 39‑A, because of previous actions that are protected
under Title 26, chapter 7, subchapter 5‑B or because the individual sought and received
an order of protection under Title 19‑A, former section 4007 or a final protection order
pursuant to Title 19-A, section 4110 or pursuant to a substantially similar provision of
the law of another state or nation;
C. For any labor organization to exclude from apprenticeship or membership or to
deny full and equal membership rights to any applicant for membership because of race
or color, sex, sexual orientation or gender identity, physical or mental disability,
religion, age, ancestry, national origin or familial status, because of the applicant's
previous assertion of a claim or right under former Title 39 or Title 39‑A, because of
previous actions taken by the applicant that are protected under Title 26, chapter 7,
subchapter 5‑B or because the applicant sought and received an order of protection
under Title 19‑A, former section 4007 or a final protection order pursuant to Title 19-A,
section 4110 or pursuant to a substantially similar provision of the law of another state
or nation; or, because of those reasons, to deny a member full and equal membership
rights, expel from membership, penalize or otherwise discriminate with respect to hire,
tenure, promotion, transfer, compensation, terms, conditions or privileges of
employment, representation, grievances or any other matter directly or indirectly
related to membership or employment, whether or not authorized or required by the
constitution or bylaws of that labor organization or by a collective labor agreement or
other contract; to fail or refuse to classify properly or refer for employment or otherwise
discriminate against any member because of race or color, sex, sexual orientation or
gender identity, physical or mental disability, religion, age, ancestry, national origin or
familial status, because of the member's previous assertion of a claim or right under
former Title 39 or Title 39‑A, because of previous actions taken by the member that
are protected under Title 26, chapter 7, subchapter 5‑B or because the applicant sought
and received an order of protection under Title 19‑A, former section 4007 or a final
protection order pursuant to Title 19-A, section 4110 or pursuant to a substantially
similar provision of the law of another state or nation; or to cause or attempt to cause
an employer to discriminate against an individual in violation of this section, except
that it is lawful for labor organizations and employers to adopt a maximum age
limitation in apprenticeship programs, if the employer or labor organization obtains
prior approval from the Maine Human Rights Commission of any maximum age
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limitation employed in an apprenticeship program. The commission shall approve the
age limitation if a reasonable relationship exists between the maximum age limitation
employed and a legitimate expectation of the employer in receiving a reasonable return
upon the employer's investment in an apprenticeship program. The employer or labor
organization bears the burden of demonstrating that such a relationship exists;
D. For any employer, employment agency or labor organization, prior to employment
or admission to membership of any individual, to:
(1) Elicit or attempt to elicit information directly or indirectly pertaining to race
or color, sex, sexual orientation or gender identity, physical or mental disability,
religion, age, ancestry, national origin or familial status, any previous assertion of
a claim or right under former Title 39 or Title 39‑A, any previous actions that are
protected under Title 26, chapter 7, subchapter 5‑B or any previous actions seeking
and receiving an order of protection under Title 19‑A, former section 4007 or a
final protection order pursuant to Title 19-A, section 4110 or pursuant to a
substantially similar provision of the law of another state or nation;
(2) Make or keep a record of race or color, sex, sexual orientation or gender
identity, physical or mental disability, religion, age, ancestry, national origin or
familial status, any previous assertion of a claim or right under former Title 39 or
Title 39‑A, any previous actions that are protected under Title 26, chapter 7,
subchapter 5‑B or any previous actions seeking and receiving an order of protection
under Title 19‑A, former section 4007 or a final protection order pursuant to Title
19-A, section 4110 or pursuant to a substantially similar provision of the law of
another state or nation, except that, in relation to physical or mental disability,
when an employer requires a physical or mental examination prior to employment,
a privileged record of that examination is permissible if made and kept in
compliance with this Act;
(3) Use any form of application for employment, or personnel or membership
blank containing questions or entries directly or indirectly pertaining to race or
color, sex, sexual orientation or gender identity, physical or mental disability,
religion, age, ancestry, national origin or familial status, any previous assertion of
a claim or right under former Title 39 or Title 39‑A, any previous actions that are
protected under Title 26, chapter 7, subchapter 5‑B or any previous actions seeking
and receiving an order of protection under Title 19‑A, former section 4007 or a
final protection order pursuant to Title 19-A, section 4110 or pursuant to a
substantially similar provision of the law of another state or nation. This section
does not prohibit any officially recognized government agency from keeping
records permitted to be kept under this Act in order to provide free services to
individuals requesting rehabilitation or employment assistance;
(4) Print, publish or cause to be printed or published any notice or advertisement
relating to employment or membership indicating any preference, limitation,
specification or discrimination based upon race or color, sex, sexual orientation or
gender identity, physical or mental disability, religion, age, ancestry, national
origin or familial status, any previous assertion of a claim or right under former
Title 39 or Title 39‑A, any previous actions that are protected under Title 26,
chapter 7, subchapter 5‑B or any previous actions seeking and receiving an order
of protection under Title 19‑A, former section 4007 or a final protection order
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pursuant to Title 19-A, section 4110 or pursuant to a substantially similar provision
of the law of another state or nation; or
(5) Establish, announce or follow a policy of denying or limiting, through a quota
system or otherwise, employment or membership opportunities of any group
because of the race or color, sex, sexual orientation or gender identity, physical or
mental disability, religion, age, ancestry, national origin or familial status, because
of the previous assertion of a claim or right under former Title 39 or Title 39‑A,
because of previous actions that are protected under Title 26, chapter 7, subchapter
5‑B or because of any previous actions seeking and receiving an order of protection
under Title 19‑A, former section 4007 or a final protection order pursuant to Title
19-A, section 4110 or pursuant to a substantially similar provision of the law of
another state or nation, of that group; or
E. For an employer, employment agency or labor organization to discriminate in any
manner against individuals because they have opposed a practice that would be a
violation of this Act or because they have made a charge, testified or assisted in any
investigation, proceeding or hearing under this Act. This paragraph does not limit the
liability of persons pursuant to section 4633.
Sec. 2. 5 MRSA §4581, first ¶, as amended by PL 2021, c. 366, §7 and c. 476, §2,
is further amended to read:
The opportunity for an individual to secure housing in accordance with the individual's
ability to pay, and without discrimination because of race, color, sex, sexual orientation or
gender identity, physical or mental disability, religion, ancestry, national origin or familial
status or because the individual has sought and received an order of protection under Title
19‑A, former section 4007 or a final protection order pursuant to Title 19-A, section 4110
or pursuant to a substantially similar provision of the law of another state or nation, is
hereby recognized as and declared to be a civil right.
Sec. 3. 5 MRSA §4581-A, sub-§1, as amended by PL 2021, c. 366, §8 and c. 476,
§3, is further amended to read:
1. Sale or rental of housing and other prohibited practices. For any owner, lessee,
sublessee, managing agent or other person having the right to sell or rent or manage a
housing accommodation, or any agent of these, to:
A. Make or cause to be made any written or oral inquiry concerning the race or color,
sex, sexual orientation or gender identity, physical or mental disability, religion,
ancestry, national origin, familial status or any previous actions seeking and receiving
an order of protection under Title 19‑A, former section 4007 or a final protection order
pursuant to Title 19-A, section 4110 or pursuant to a substantially similar provision of
the law of another state or nation of any prospective purchaser, occupant or tenant of
the housing accommodation;
B. Refuse to show or refuse to sell, rent, lease, let or otherwise deny to or withhold
from any person the housing accommodation because of race or color, sex, sexual
orientation or gender identity, physical or mental disability, religion, ancestry, national
origin or familial status or because the person sought and received an order of
protection under Title 19‑A, former section 4007 or a final protection order pursuant
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to Title 19-A, section 4110 or pursuant to a substantially similar provision of the law
of another state or nation;
C. Make, print or publish or cause to be made, printed or published any notice,
statement or advertisement relating to the sale, rental or lease of the housing
accommodation that indicates any preference, limitation or discrimination based upon
race or color, sex, sexual orientation or gender identity, physical or mental disability,
religion, ancestry, national origin, familial status or any previous actions seeking and
receiving an order of protection under Title 19‑A, former section 4007 or a final
protection order pursuant to Title 19-A, section 4110 or pursuant to a substantially
similar provision of the law of another state or nation or an intention to make any such
preference, limitation or discrimination;
D. Discriminate against any person because of race or color, sex, sexual orientation or
gender identity, physical or mental disability, religion, ancestry, national origin or
familial status or because the person sought and received an order of protection under
Title 19‑A, former section 4007 or a final protection order pursuant to Title 19-A,
section 4110 or pursuant to a substantially similar provision of the law of another state
or nation in the price, terms, conditions or privileges of the sale, rental or lease of any
housing accommodations or in the furnishing of facilities or services in connection
with any housing accommodations; or
E. Evict or attempt to evict any tenant of any housing accommodation because of the
race or color, sex, sexual orientation or gender identity, physical or mental disability,
religion, ancestry, national origin or familial status of the tenant or because the tenant
sought and received an order of protection under Title 19‑A, former section 4007 or a
final protection order pursuant to Title 19-A, section 4110 or pursuant to a substantially
similar provision of the law of another state or nation;
Sec. 4. 5 MRSA §4581-A, sub-§2, as amended by PL 2021, c. 366, §9 and c. 476,
§3, is further amended to read:
2. Selling, brokering or appraising of housing. For any real estate broker or real
estate salesperson, or any agent of these, to:
A. Fail or refuse to show any person a housing accommodation listed for sale, lease or
rent because of race or color, sex, sexual orientation or gender identity, physical or
mental disability, religion, ancestry, national origin or familial status or because the
person sought and received an order of protection under Title 19‑A, former section
4007 or a final protection order pursuant to Title 19-A, section 4110 or pursuant to a
substantially similar provision of the law of another state or nation;
B. Misrepresent, for the purpose of discriminating because of race or color, sex, sexual
orientation or gender identity, physical or mental disability, religion, ancestry, national
origin, familial status or any previous actions seeking and receiving an order of
protection under Title 19‑A, former section 4007 or a final protection order pursuant
to Title 19-A, section 4110 or pursuant to a substantially similar provision of the law
of another state or nation, the availability or asking price of a housing accommodation
listed for sale, lease or rent or for such reason to fail to communicate to the person
having the right to sell, rent or lease the housing accommodation any offer for the same
made by any applicant;
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C. In any other manner to discriminate against any applicant for a housing
accommodation because of race or color, sex, sexual orientation or gender identity,
physical or mental disability, religion, ancestry, national origin or familial status or
because the applicant sought and received an order of protection under Title 19‑A,
former section 4007