Whereas, current law specifies that, in cases of intentional employment discrimination, a person may recover punitive and compensatory damages under the Maine Human Rights Act only if the person can not recover those damages under federal human rights legislation governing race; and

Whereas, this legislation clarifies that such recovery is only permissible if the person is unable to recover under the federal human rights legislation governing race or general federal human rights laws governing intentional employment discrimination; and

Whereas, it is imperative that this clarification be made immediately so as to eliminate any confusion that may exist regarding recovery of damages under the Maine Human Rights Act; and

Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 5 MRSA §4613, sub-§2, ¶B, as amended by PL 1997, c. 400, §1, is further amended by amending subparagraph (8), division (a) to read:

(a) In an action brought by a complaining party under section 4612 and this section against a respondent who engaged in unlawful intentional discrimination prohibited under sections 4571 to 4575, if the complaining party can not recover under 42 United States Code, Section 1981 (1994) or 1981a, the complaining party may recover compensatory and punitive damages as allowed in this subparagraph in addition to any relief authorized elsewhere in this subsection from the respondent.

Sec. 2. Retroactivity. This Act applies retroactively to September 19, 1997.

Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.