Sec. 1. 1 MRSA c. 33 is enacted to read:

CHAPTER 33

CIVIL RIGHTS IN PUBLIC EMPLOYMENT,

EDUCATION AND CONTRACTING ACT

§2901.__Short title

This chapter may be known and cited as the "Civil Rights in Public Employment, Education and Contracting Act."

§2902.__Definition

As used in this chapter, unless the context otherwise indicates, "State" means the State of Maine or any office, department, agency, authority, commission, board, institution, hospital or other instrumentality of the State, including the Maine Turnpike Authority, the University of Maine System, the Maine Technical College System and the Maine State Retirement System, and any subdivision of the State including any city, town, plantation, county and special purpose district including any water district, sanitary district and school administrative unit.

§2903.__Prohibition

Notwithstanding any other law, the State may not discriminate against, or grant preferential treatment to, any person on the basis of race, sex, color, ethnicity or national origin in public employment, public education or public contracting.

§2904.__Interpretation

1.__Bona fide qualifications; federal funding.__This chapter does not prohibit:

A.__The application of bona fide qualifications based on sex that are reasonably necessary to the normal operation of employment, education or contracting by the State; or

B.__Any action that must be taken to establish or maintain eligibility for federal programs if ineligibility would result in a loss of federal funds to the State.

2.__Court order.__This section does not invalidate any court order or consent decree in force on the effective date of this chapter.