LD 2682
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LD 2682 Title Page An Act to Provide Equal Treatment for State Employees under Certain Federal Emp... Page 2 of 2
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LR 4162
Item 1

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

 
Sec. 1. 1 MRSA §30 is enacted to read:

 
§30.__Consent to be sued by state employees under certain federal

 
employment laws

 
The State consents to be sued in state or federal court by its
employees, former employees and employment applicants seeking to
enforce rights or obtain remedies afforded by the following
federal laws when the United States Congress has indicated its
intent that such laws be applicable to the states in their
capacity as employers:

 
1.__Fair labor standards.__The Fair Labor Standards Act of
1938, 29 United States Code, Section 201 et seq.;

 
2.__Discrimination.__Title VII of the Civil Rights Act of
1964, 42 United States Code, Sections 2000e to 2000e-17;

 
3.__Age discrimination.__The Age Discrimination in Employment
Act, 29 United States Code, Section 621 et seq.;

 
4.__Disability.__The Americans with Disabilities Act of 1990,
42 United States Code, Section 12101 et seq.; and

 
5.__Maritime employees.__Federal law relating to suits for
injury or death of a seaman under 46 United States Code, Section
688.

 
This consent is given for the sole purpose described in this
section and does not constitute consent to be sued for any other
purpose, nor does it constitute a waiver of the State's
statutory, common law or constitutional immunity for any other
purpose.

 
Sec. 2. Application. This Act does not waive sovereign immunity for
any action that is pending or any action that has been finally
decided or in which final judgment has been entered as of the
effective date of this Act.

 
FISCAL NOTE

 
This bill will increase the State's costs of insurance for
employment-related suits. The amount of the additional costs to
the State can not be determined at this time but are estimated to
range from $700,000 to $1,000,000 annually. These costs will be
assessed on state departments and agencies on a per employee


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