LAW WITHOUT
GOVERNOR'S CHAPTER
SIGNATURE
476
JULY 15, 2021 PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-ONE
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S.P. 422 - L.D. 1294
An Act To Prevent Discrimination against Domestic Violence Victims
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA §4572, sub-§1, as amended by PL 2005, c. 10, §§11 and 12, 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, physical or
mental disability, religion, age, ancestry or national origin, because of the applicant's
previous assertion of a claim or right under former Title 39 or Title 39‑A or, 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, section 4007; 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, physical or mental disability, religion, age, ancestry or national origin,
because of their previous assertion of a claim or right under former Title 39 or Title
39‑A or, 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, section 4007.
(1) This paragraph does not apply to discrimination governed by Title 39‑A,
section 353;
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, physical or mental disability, religion, age, ancestry or national
origin, because of the individual's previous assertion of a claim or right under former
Title 39 or Title 39‑A or, because of previous actions taken by the individual that are
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protected under Title 26, chapter 7, subchapter 5‑B or because the individual sought
and received an order of protection under Title 19-A, section 4007; 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,
physical or mental disability, religion, age, ancestry or national origin, because of
previous assertion of a claim or right under former Title 39 or Title 39‑A or, 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,
section 4007;
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, physical or mental disability, religion, age, ancestry
or national origin, because of the applicant's previous assertion of a claim or right under
former Title 39 or Title 39‑A or, 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, section 4007; 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, physical or mental
disability, religion, age, ancestry or national origin, because of the member's previous
assertion of a claim or right under former Title 39 or Title 39‑A or, 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, section 4007; 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 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, physical or mental disability, religion, age,
ancestry or national origin, any previous assertion of a claim or right under former
Title 39 or Title 39‑A or, any previous actions that are protected under Title 26,
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 chapter 7, subchapter 5‑B or any previous actions seeking and receiving an order
of protection under Title 19-A, section 4007;
(2) Make or keep a record of race or color, sex, sexual orientation, physical or
mental disability, religion, age, ancestry or national origin, any previous assertion
of a claim or right under former Title 39 or Title 39‑A or, 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, section 4007, except
under 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, physical or mental disability, religion, age, ancestry
or national origin, any previous assertion of a claim or right under former Title 39
or Title 39‑A or, 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, section 4007. 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,
physical or mental disability, religion, age, ancestry or national origin, any
previous assertion of a claim or right under former Title 39 or Title 39‑A or, 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,
section 4007; 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, physical or mental disability,
religion, age, ancestry or national origin, because of the previous assertion of a
claim or right under former Title 39 or Title 39‑A or, 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,
section 4007, 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.
Sec. 2. 5 MRSA §4581, first ¶, as amended by PL 2011, c. 613, §10 and affected
by §29, 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,
physical or mental disability, religion, ancestry, national origin or familial status or because
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the individual has sought and received an order of protection under Title 19-A, section
4007, is hereby recognized as and declared to be a civil right.
Sec. 3. 5 MRSA §4581-A, as enacted by PL 2011, c. 613, §11 and affected by §29,
is amended to read:
§4581-A. Unlawful housing discrimination
It is unlawful housing discrimination, in violation of this Act:
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, physical or mental disability, religion, ancestry, national origin
or, familial status or any previous actions seeking and receiving an order of protection
under Title 19-A, section 4007 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, 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, section 4007;
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, physical or mental disability, religion, ancestry,
national origin or, familial status or any previous actions seeking and receiving an order
of protection under Title 19-A, section 4007 or an intention to make any such
preference, limitation or discrimination;
D. Discriminate against any person because of race or color, sex, sexual orientation,
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, section
4007 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, 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, section 4007;
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, 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, section 4007;
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 B. Misrepresent, for the purpose of discriminating because of race or color, sex, sexual
orientation, physical or mental disability, religion, ancestry, national origin or, familial
status or any previous actions seeking and receiving an order of protection under Title
19-A, section 4007, 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;
C. In any other manner to discriminate against any applicant for a housing
accommodation because of race or color, sex, sexual orientation, 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, section 4007;
D. Make or cause to be made any written or oral inquiry or record concerning the race
or color, sex, sexual orientation, physical or mental disability, religion, ancestry,
national origin or, familial status or any previous actions seeking and receiving an order
of protection under Title 19-A, section 4007 of any applicant for or intended occupant
of a housing accommodation; or
E. Accept for listing any housing accommodation when the person having the right to
sell, rent or lease the housing accommodation has directly or indirectly indicated an
intention of discriminating among prospective tenants or purchasers on the ground of
race or color, sex, sexual orientation, physical or mental disability, religion, ancestry,
national origin or, familial status or any previous actions seeking and receiving an order
of protection under Title 19-A, section 4007, or when the broker or salesperson knows
or has reason to know that the person having the right to sell, rent or lease the housing
accommodation has made a practice of discrimination since July 1, 1972;
3. Making of loans; other financial assistance. For any person to whom application
is made for a loan or other form of financial assistance for the acquisition, construction,
rehabilitation, repair or maintenance of any housing accommodation, whether secured or
unsecured, or agent of the person, to:
A. Make or cause to be made any oral or written inquiry concerning the race or color,
sex, sexual orientation, physical or mental disability, religion, ancestry, national origin
or, familial status or any previous actions seeking and receiving an order of protection
under Title 19-A, section 4007 of any applicant for financial assistance or of existing
or prospective occupants or tenants of housing accommodations; or
B. Discriminate in the granting of financial assistance, or in the terms, conditions or
privileges relating to obtaining or the use of any financial assistance, against any
applicant because of race or color, sex, sexual orientation, physical or mental disability,
religion, ancestry, national origin or, familial status or any previous actions seeking
and receiving an order of protection under Title 19-A, section 4007; or
4. Receipt of public assistance. For any person furnishing rental premises or public
accommodations to refuse to rent or impose different terms of tenancy to any individual
who is a recipient of federal, state or local public assistance, including medical assistance
and housing subsidies, primarily because of the individual's status as recipient.
Sec. 4. Appropriations and allocations. The following appropriations and
allocations are made.
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HUMAN RIGHTS COMMISSION, MAINE
Human Rights Commission - Regulation 0150
Initiative: Establishes one part-time Maine Human Rights Investigator position due to an
anticipated increase in complaints and provides funding for related All Other costs.
GENERAL FUND 2021-22 2022-23
POSITIONS - LEGISLATIVE COUNT 0.500 0.500
Personal Services $53,609 $56,303
All Other $6,162 $2,512
__________ __________
GENERAL FUND TOTAL $59,771 $58,815
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