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.
Printed on recycled paper 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 1 - 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;
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