APPROVED CHAPTER
JUNE 24, 2021 366
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-ONE
_____
S.P. 544 - L.D. 1688
An Act To Improve Consistency in Terminology and within the Maine
Human Rights Act
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA §4552, as amended by PL 2005, c. 10, §1, is further amended to
read:
§4552. Policy
To protect the public health, safety and welfare, it is declared to be the policy of this
State to keep continually in review all practices infringing on the basic human right to a
life with dignity, and the causes of these practices, so that corrective measures may, where
possible, be promptly recommended and implemented, and to prevent discrimination in
employment, housing, education, extension of credit or access to public accommodations
on account of an individual's actual or perceived race, color, sex, sexual orientation or
gender identity, physical or mental disability, religion, ancestry or national origin and in
employment, extension of credit and access to public accommodations on the basis of age;
and in employment and housing on the basis of familial status; and in employment,
discrimination on account of age or because of the previous assertion of a claim or right
against a prior employer under former Title 39 or Title 39‑A and in housing because of
familial status; and to prevent discrimination in the extension of credit on account of age,
race, color, sex, sexual orientation, marital status, religion, ancestry or national origin; and
to prevent discrimination in education on account of sex, sexual orientation or physical or
mental disability and because of protected activity under Title 26, chapter 7, subchapter
5-B; and to prevent discrimination or retaliation on the basis of an assertion of rights under
this Act or interference with an individual's right to be free from discrimination prohibited
under this Act.
Sec. 2. 5 MRSA §4553, sub-§5-A, as amended by PL 2019, c. 464, §1, is further
amended to read:
5-A. Familial status. "Familial status" means that a family unit may contain one or
more individuals who have not attained 18 years of age and are living with that contains:
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 A. A One or more individuals who have not attained 18 years of age and are living
with a parent or another person having legal custody of the individual or individuals or
the designee of the parent or other person having custody with the written permission
of the parent or other person; or
B. The designee of the parent or other person having custody, with the written
permission of the parent or other person.
B-1. One or more individuals 18 years of age or older who lack the ability to meet
essential requirements for physical health, safety or self-care because the individual or
individuals are unable to receive and evaluate information or make or communicate
decisions.
The protections afforded against discrimination on the basis of familial status apply to any
person who is pregnant or who is in the process of securing legal custody of any individual
who has not attained 18 years of age.
Sec. 3. 5 MRSA §4553, sub-§10, ¶G, as amended by PL 2019, c. 464, §1, is further
amended by amending subparagraph (3) to read:
(3) Educational opportunity, as is more fully set forth in section 4602, subsection
4.
Sec. 4. 5 MRSA §4571, as amended by PL 2005, c. 10, §10, is further amended to
read:
§4571. Right to freedom from discrimination in employment
The opportunity for an individual to secure employment without discrimination
because of race, color, sex, sexual orientation or gender identity, physical or mental
disability, religion, age, ancestry or, national origin or familial status is recognized as and
declared to be a civil right.
Sec. 5. 5 MRSA §4572, sub-§1, as amended by PL 2005, c. 10, §§11 and 12, is
further amended to read:
1. Unlawful employment. 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 or, 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 or because of previous actions taken by the applicant that
are protected under Title 26, chapter 7, subchapter 5‑B; 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 or, national origin or familial status, 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;
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 (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 or gender identity, physical or mental disability, religion, age,
ancestry or, 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 or because of previous
actions taken by the individual that are protected under Title 26, chapter 7, subchapter
5‑B; 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 or, national origin or familial status, 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;
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 or, 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 or because of
previous actions taken by the applicant that are protected under Title 26, chapter 7,
subchapter 5‑B; 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 or, 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 or because of previous
actions taken by the member that are protected under Title 26, chapter 7, subchapter
5‑B; 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:
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 (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 or, national origin or familial status, 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;
(2) Make or keep a record of race or color, sex, sexual orientation or gender
identity, physical or mental disability, religion, age, ancestry or, national origin or
familial status, 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, 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 or gender identity, physical or mental disability,
religion, age, ancestry or, national origin or familial status, 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. 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 or, national
origin or familial status, 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
(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 or, national origin or familial status, 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, 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. 6. 5 MRSA §4573-A, sub-§3 is enacted to read:
3. Physical or mental disability. This subchapter does not prohibit an employer from
discharging or refusing to hire an individual with a physical or mental disability or subject
an employer to any legal liability resulting from the refusal to employ or the discharge of
the individual with a physical or mental disability if the employer establishes that the
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individual, because of the physical or mental disability, is unable to perform job duties or
to perform job duties in a manner that would not endanger the health or safety of the
individual or others.
Sec. 7. 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 or
gender identity, physical or mental disability, religion, ancestry, national origin or familial
status is hereby recognized as and declared to be a civil right.
Sec. 8. 5 MRSA §4581-A, sub-§1, as enacted by PL 2011, c. 613, §11 and affected
by §29, is 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 or familial status 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;
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 or familial status 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 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;
Sec. 9. 5 MRSA §4581-A, sub-§2, as enacted by PL 2011, c. 613, §11 and affected
by §29, is 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;
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 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 or familial status, 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 or gender identity,
physical or mental disability, religion, ancestry, national origin or familial status;
D. Make or cause to be made any written or oral inquiry or record concerning the race
or color, sex, sexual orientation or gender identity, physical or mental disability,
religion, ancestry, national origin or familial status 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 or gender identity, physical or mental disability,
religion, ancestry, national origin or familial status, or when the broker or salesperson
knows or has reason to know that the person having the right to sell, rent or lease the