Title 5, Title 5

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.

Within the time limited, an aggrieved person may file a civil action in the Superior Court against the person or persons who committed the unlawful discrimination.

1. Limitation. Attorney's fees under section 4614 and civil penal damages or compensatory and punitive damages under section 4613 may not be awarded to a plaintiff in a civil action under this Act unless the plaintiff alleges and establishes that, prior to the filing of the civil…

If it appears during the pendence of such private action that the commission has commenced an action against the same defendant, based on the same facts, the court shall, except for good cause shown, order consolidation of the cases, on such terms as justice may require.

1. Unlawful discrimination. A public entity may not discriminate against an individual, exclude an individual from participation in a service, program or activity of that public entity or otherwise deny to an individual the benefits of a service, program or activity of that publi…

In any civil action under this Act, the burden shall be on the person seeking relief to prove, by a fair preponderance of the evidence, that the alleged unlawful discrimination occurred.

1. Complaint. Any person, including any employee of the commission, may file a complaint with the commission which states the belief that a name of a place is offensive, as defined in Title 1, section 1101. 2. Preliminary investigation. Upon receipt of such a complaint, the commi…

1. Retaliation. A person may not discriminate against any individual because that individual has opposed any act or practice that is unlawful under this Act or because that individual made a charge, testified, assisted or participated in any manner in an investigation, proceeding…

Notwithstanding any provision of law to the contrary, a person may breast-feed that person's baby in any location, public or private, where the person is otherwise authorized to be.

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1987, c. 515, §1 (NEW).] 1. Court. "Court" means any District Court and, with regard to section 4659, the tribal court of the Passamaquoddy Tribe or the Penobscot…

Proceedings under this chapter must be filed, heard and determined in the District Court of the division in which either the plaintiff or the defendant resides. If the plaintiff has left the plaintiff's residence to avoid harassment, the plaintiff may bring an action in the divis…

1. Filing. A person who has been a victim of harassment, including a business, may seek relief by filing in an appropriate court: A. A sworn complaint alleging harassment; and [PL 2011, c. 559, Pt. C, §3 (NEW).] B. If the alleged harassment does not meet the definition in section…

1. Full hearing. A hearing must be held at which the plaintiff shall prove the allegation of harassment by a preponderance of the evidence. 2. Temporary orders. The court may enter any temporary orders, authorized under subsection 4, without written or oral notice to the defendan…

1. Protection order; consent agreement. The court, after a hearing and upon finding that the defendant has committed the harassment alleged, may grant any protection order or approve any consent agreement to bring about a cessation of harassment, which may include: A. Directing t…

If a party alleges in an affidavit or a pleading under oath that the health, safety or liberty of a party or child would be jeopardized by disclosure of identifying information, the information must be sealed by the clerk and not disclosed to the other party or to the public unle…

The clerk shall issue, without fee, a copy of an order, agreement, amendment or revocation to the plaintiff, the defendant and, as the court directs, to the law enforcement agencies most likely to enforce it.

1. Civil rules apply. Unless otherwise indicated in this chapter, all proceedings shall be in accordance with the Maine Rules of Civil Procedure. Appeals may be taken as provided by the Maine Rules of Civil Procedure and may be only for error of law or abuse of discretion. 2. Pro…

1. Crime committed. Violation of a temporary, emergency, interim or final protective order, an order of a tribal court of the Passamaquoddy Tribe or the Penobscot Nation or a court-approved consent agreement, when the defendant has prior actual notice of the order or agreement, i…

1. Reports. Each law enforcement agency shall report all incidents of harassment as required by the State Bureau of Identification under Title 25, section 1544. 2. Agency procedures. Law enforcement agencies shall establish procedures to ensure that dispatchers and officers at th…

Access to and dissemination of certain private images as described in Title 17‑A, section 511‑A and any written information describing and directly pertaining to the images contained in court records are governed by rule or administrative order adopted by the Supreme Judicial Cou…

1. Interference with rights; action by Attorney General. The Attorney General may bring a civil action for injunctive or other appropriate equitable relief in order to protect the peaceable exercise or enjoyment of the rights secured by the United States Constitution or the laws …

1. Remedy. 1. (REALLOCATED TO T. 5, §4682, sub-§1-A) Interference with rights; private actions. 1-A. (REALLOCATED FROM T. 5, §4682, sub-§1) Interference with rights; private actions. A person whose exercise or enjoyment of the rights secured by the United States Constitution or t…

In any civil action under this chapter, the court, in its discretion, may allow the prevailing party, other than the State, reasonable attorney's fees and costs, and the State shall be liable for attorney's fees and costs in the same manner as a private person.