Title 5, Title 5

The Maine Human Rights Commission, established by section 12004‑G, subsection 15, shall be an independent commission of no more than 5 members. No more than 3 of the members may be of the same political party. The members shall be appointed by the Governor, subject to review by t…

The members of the commission must be appointed for terms of 5 years each, except that of those first appointed, the Governor shall designate one whose term is only one year, one whose term is only 2 years, one whose term is only 3 years and one whose term is only 4 years. [RR 20…

Three members of the commission shall constitute a quorum. A vacancy in the commission shall not impair the power of the remaining members to exercise all the powers of the commission.

Each member of the commission shall be compensated as provided in chapter 379. All members of the commission shall be eligible for reappointment subject to section 4561.

Any member of the commission may be removed by the Governor for inefficiency, neglect of duty, misconduct or malfeasance in office, after being given a written statement of the charges.

The commission has the duty of investigating all conditions and practices within the State which allegedly detract from the enjoyment, by each inhabitant of the State, of full human rights and personal dignity. Without limiting the generality of the foregoing, it has the duty of …

1. Certification of state law. The commission shall take all steps required under 29 Code of Federal Regulations, Part 36, Subpart F to request federal certification that the State's laws concerning accessibility and usability of places of public accommodation meet or exceed the …

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, national origin or familial status is recognized as and declared to be a civil…

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 bec…

1. Sex defined. For the purpose of this Act, the word "sex" includes pregnancy and medical conditions that result from pregnancy. 2. Pregnant persons who are able to work. It is unlawful employment discrimination in violation of this Act, except where based on a bona fide occupat…

It shall not be unlawful employment discrimination: [PL 1971, c. 501, §1 (NEW).] 1. Age. 1-A. Age. To discriminate on account of age to: A. Comply with the state or federal laws relating to the employment of minors; [PL 1979, c. 350, §3 (NEW).] B. Observe the terms of any bona fi…

1. General provisions. It is a defense to a charge of discrimination under this subchapter that an alleged application of qualification standards, tests or selection criteria that screen out or tend to screen out or otherwise deny a job or benefit to an individual based on protec…

1. Definition. As used in this section and section 4573, unless the context otherwise indicates, the following terms shall have the following meanings. A. "Employer" shall mean any individual or type of organization, including domestic and foreign corporations and partnerships, d…

1. Legislative findings and intent. The Legislature finds that many older Maine citizens are pushed out of the work force solely because of their age. The Legislature further finds that many older Maine residents who have been pushed out of the work force are fully capable of car…

The commission shall promote gender equity in the hiring of public school administrators in cooperation with the Commissioner of Education and investigate all human rights complaints associated with the public school system.

1. Legislative findings and intent. The Legislature finds that despite requirements regarding equal pay having been a part of the laws of Maine since 1965, wage inequality is an ongoing issue in the State. Wage inequality causes substantial harm to the citizens and to the economy…

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 st…

It is unlawful housing discrimination, in violation of this Act: [PL 2011, c. 613, §11 (NEW); PL 2011, c. 613, §29 (AFF).] 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 ren…

It is unlawful housing discrimination, in violation of this Act: [PL 1989, c. 779 (NEW).] 1. Modifications. For any owner, lessor, sublessor, managing agent or other person having the right to sell, rent, lease or manage a housing accommodation or any of their agents to refuse to…

1. Definition. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Builder" means the applicant for a building permit in a municipality that requires these permits or the owner of the property in a municipality tha…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Alteration" means a change to a facility that affects or could affect the usability of the facility or any part of the facility, including, but no…

Nothing in this Act may be construed to prohibit or limit the exercise of the privilege of every person and the agent of any person having the right to sell, rent, lease or manage a housing accommodation to set up and enforce specifications in the selling, renting, leasing or let…

The opportunity for every individual to have equal access to places of public accommodation without discrimination because of race, color, sex, sexual orientation or gender identity, age, physical or mental disability, religion, ancestry or national origin is recognized as and de…

This section does not require an entity to permit an individual to participate in or benefit from the goods, services, facilities, privileges, advantages and accommodations of that entity when the individual poses a direct threat to the health or safety of others. For the purpose…

1. Public accommodations. For any building or facility constructed specifically as a place of public accommodation on or after September 1, 1974 but before January 1, 1982, or when the estimated total costs for remodeling or enlarging an existing building exceed $250,000 and the …

1. Facilities attested. This section applies for the following facilities: A. Any building or facility constructed specifically as a place of public accommodation on or after January 1, 1982 but before January 1, 1984, or when the estimated total costs for remodeling or enlarging…

1. Facilities attested. This section applies to any building or facility constructed specifically as a place of public accommodation on or after January 1, 1984 but before January 1, 1988, or when the estimated total costs for remodeling or enlarging an existing building exceed $…

1. Definitions. As used in this section, unless the context indicates otherwise, the following terms have the following meanings. A. "Builder" means the applicant for a building permit in a municipality that requires such permits or the owner of the property in a municipality tha…

1. Definitions. As used in this section, unless the context indicates otherwise, the following terms have the following meanings. A. "Builder" means the applicant for a building permit in a municipality that requires such permits or the owner of the property in a municipality tha…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Builder" means the applicant for a building permit in a municipality that requires such permits or the owner of the property in a municipality tha…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Alteration" means a change to a place of public accommodation or a commercial facility that affects or could affect the usability of the building …

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Alteration" means a change to a place of public accommodation or a commercial facility that affects or could affect the usability of the building …

Notwithstanding any provision of this subchapter to the contrary, a state department, state agency or quasi-independent state entity shall ensure that parking areas serving state-owned or state-leased buildings housing that state department, state agency or quasi-independent stat…

The opportunity for every individual to be extended credit without discrimination solely because of any one or more of the following factors: age; race; color; sex; sexual orientation or gender identity; marital status; ancestry; religion or national origin is recognized as and d…

It is unlawful credit discrimination for any creditor to refuse the extension of credit to any person solely on the basis of any one or more of the following factors: age, race, color, sex, sexual orientation or gender identity, marital status, ancestry, religion or national orig…

As used in this subchapter, unless the context otherwise requires, the following words shall have the following meanings: [PL 1973, c. 668 (NEW).] 1. Application for credit. "Application for credit" means any communication, oral or written, by a person to a creditor requesting an…

The Superintendent of Financial Institutions and the Superintendent of Consumer Credit Protection shall cooperate with the Maine Human Rights Commission in its enforcement of this subchapter.

The opportunity for an individual at an educational institution to participate in all educational, counseling and vocational guidance programs, all apprenticeship and on-the-job training programs and all extracurricular activities without discrimination because of sex, sexual ori…

1. Unlawful educational discrimination. It is unlawful educational discrimination in violation of this Act, on the basis of sex, sexual orientation or gender identity, physical or mental disability, ancestry, national origin, race, color or religion, to: A. Exclude a person from …

The Commissioner of Education has joint rule-making authority with the commission to effectuate this subchapter. On or before January 15, 2024 and at least once every 10 years thereafter, the Commissioner of Education and the commission shall jointly review rules adopted pursuant…

The Commissioner of Education, or a designee, may participate in predetermination resolution and conciliation efforts of the commission as follows: [PL 1989, c. 700, Pt. A, §18 (AMD).] 1. Notification of results of preliminary investigations. The Commissioner of Education shall b…

Any aggrieved person, or any employee of the commission, may file a complaint under oath with the commission stating the facts concerning the alleged discrimination, except that a complaint must be filed with the commission not more than 300 days after the alleged act of unlawful…

1. Predetermination resolution; investigation. Upon receipt of such a complaint, the commission or its delegated single commissioner or investigator shall take the following actions. A. The commission or its delegated single commissioner or investigator shall provide an opportuni…

1. Actions filed by commission. Any such action filed by the commission shall be heard by the Superior Court and may be advanced on the docket and receive priority over other civil cases where the court shall determine that the interests of justice so require. Except as otherwise…

In any civil action under this Act, the court, in its discretion, may allow the prevailing party reasonable attorney's fees and costs, except that the commission may not be awarded attorney's fees and costs and is not liable to pay any party's attorney's fees and costs.