LD 415
pg. 1
LD 415 Title Page An Act To Restore Federal Protections to Maine State Employees LD 415 Title Page
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LR 1412
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.

 
SUMMARY

 
This bill provides that the State consents to be sued by its
employees, former employees and employment applicants under
the federal Fair Labor Standards Act, Title VII of the Civil
Rights Act, the Age Discrimination in Employment Act and
federal law authorizing suit for injury or death of a seaman.


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