‘An Act To Improve Consistency in the Maine Human Rights Act and Related Statutes’
| HP1218 LD 1703 |
Session - 129th Maine Legislature H "C", Filing Number H-665, Sponsored by Bailey
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LR 2283 Item 9 |
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| Bill Tracking, Additional Documents | Chamber Status | ||
Amend the bill by striking out the title and substituting the following:
‘An Act To Improve Consistency in the Maine Human Rights Act and Related Statutes’
Amend the bill by striking out everything after the enacting clause and inserting the following:
‘Sec. 1. 5 MRSA §1825-L, sub-§2, ¶A, as enacted by PL 2001, c. 439, Pt. NNNN, §1, is amended to read:
Sec. 2. 5 MRSA §4552, as amended by PL 2005, c. 10, §1, is further amended to read:
§ 4552. Policy
To protect the public health, safety and welfare, it is declared to be the policy of this State to keep continually in review all practices infringing on the basic human right to a life with dignity, and the causes of these practices, so that corrective measures may, where possible, be promptly recommended and implemented, and to prevent discrimination in employment, housing , education, extension of credit or access to public accommodations on account of an individual's actual or perceived race, color, sex, sexual orientation or gender identity, physical or mental disability, religion, ancestry or national origin; and in employment, extension of credit and access to public accommodations on the basis of age; and in employment and housing on the basis of familial status; and in employment , discrimination on account of age or because of the previous assertion of a claim or right against another prior employer under former Title 39 or Title 39-A and in housing because of familial status; and to prevent discrimination in the extension of credit on account of age, race, color, sex, sexual orientation, marital status, religion, ancestry or national origin; and to prevent discrimination in education on account of sex, sexual orientation or physical or mental disability and because of protected activity under Title 26, chapter 7, subchapter 5-B, and to prevent discrimination or retaliation on the basis of an assertion of rights under this Act or interference with an individual's right to be free from discrimination prohibited under this Act.
Sec. 3. 5 MRSA §4553, sub-§5-A, as amended by PL 2019, c. 464, §1, is further amended to read:
The protections afforded against discrimination on the basis of familial status apply to any person who is pregnant or who is in the process of securing legal custody of any individual who has not attained 18 years of age.
Sec. 4. 5 MRSA §4553, sub-§10, ¶G, as amended by PL 2019, c. 464, §1, is further amended to read:
(1) Employment, as is more fully set forth in section 4553, subsection 4 and section 4573-A;
(2) Housing; and
(3) Educational opportunity , as is more fully set forth in section 4602, subsection 4.
Any for-profit organization owned, controlled or operated by a religious association or corporation and subject to the provisions of the Internal Revenue Code, 26 United States Code, Section 511(a) is not covered by the exemptions set forth in this paragraph.
Sec. 5. 5 MRSA §4571, as amended by PL 2005, c. 10, §10, is further amended to read:
§ 4571. Right to freedom from discrimination in employment
The opportunity for an individual to secure employment without discrimination because of race, color, sex, sexual orientation or gender identity, physical or mental disability, religion, age, ancestry or , national origin or familial status is recognized as and declared to be a civil right.
Sec. 6. 5 MRSA §4572, sub-§1, as amended by PL 2005, c. 10, §§11 and 12, is further amended to read:
(1) This paragraph does not apply to discrimination governed by Title 39-A, section 353;
(1) Elicit or attempt to elicit information directly or indirectly pertaining to race or color, sex, sexual orientation or gender identity, physical or mental disability, religion, age, ancestry or , national origin , or familial status, any previous assertion of a claim or right under former Title 39 or Title 39-A or any previous actions that are protected under Title 26, chapter 7, subchapter 5-B;
(2) Make or keep a record of race or color, sex, sexual orientation or gender identity, physical or mental disability, religion, age, ancestry or , national origin , or familial status, any previous assertion of a claim or right under former Title 39 or Title 39-A or any previous actions that are protected under Title 26, chapter 7, subchapter 5-B, except under physical or mental disability when an employer requires a physical or mental examination prior to employment, a privileged record of that examination is permissible if made and kept in compliance with this Act;
(3) Use any form of application for employment, or personnel or membership blank containing questions or entries directly or indirectly pertaining to race or color, sex, sexual orientation or gender identity, physical or mental disability, religion, age, ancestry or , national origin , or familial status, any previous assertion of a claim or right under former Title 39 or Title 39-A or any previous actions that are protected under Title 26, chapter 7, subchapter 5-B. This section does not prohibit any officially recognized government agency from keeping records permitted to be kept under this Act in order to provide free services to individuals requesting rehabilitation or employment assistance;
(4) Print, publish or cause to be printed or published any notice or advertisement relating to employment or membership indicating any preference, limitation, specification or discrimination based upon race or color, sex, sexual orientation or gender identity, physical or mental disability, religion, age, ancestry or , national origin , or familial status, any previous assertion of a claim or right under former Title 39 or Title 39-A or any previous actions that are protected under Title 26, chapter 7, subchapter 5-B; or
(5) Establish, announce or follow a policy of denying or limiting, through a quota system or otherwise, employment or membership opportunities of any group because of the race or color, sex, sexual orientation or gender identity, physical or mental disability, religion, age, ancestry or , national origin , or familial status, the previous assertion of a claim or right under former Title 39 or Title 39-A or because of previous actions that are protected under Title 26, chapter 7, subchapter 5-B, of that group; or
Sec. 7. 5 MRSA §4573-A, sub-§2, as enacted by PL 1995, c. 393, §21, is amended to read:
Sec. 8. 5 MRSA §4581, first ¶, as amended by PL 2011, c. 613, §10 and affected by §29, is further amended to read:
The opportunity for an individual to secure housing in accordance with the individual's ability to pay, and without discrimination because of race, color, sex, sexual orientation or gender identity, physical or mental disability, religion, ancestry, national origin or familial status is hereby recognized as and declared to be a civil right.
Sec. 9. 5 MRSA §4581-A, sub-§1, as enacted by PL 2011, c. 613, §11 and affected by §29, is amended to read:
Sec. 10. 5 MRSA §4581-A, sub-§2, as enacted by PL 2011, c. 613, §11 and affected by §29, is amended to read:
Sec. 11. 5 MRSA §4581-A, sub-§3, as enacted by PL 2011, c. 613, §11 and affected by §29, is amended to read:
Sec. 12. 5 MRSA §4583, as amended by PL 2007, c. 243, §4, is further amended to read:
§ 4583. Application
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 letting or in the furnishings of facilities or services in connection with the facilities that are consistent with business necessity and are not based on the race, color, sex, sexual orientation or gender identity, physical or mental disability, religion, country of ancestral origin or familial status of or the receipt of public assistance payments by any prospective or actual purchaser, lessee, tenant or occupant. 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 making loans for or offering financial assistance in the acquisition, construction, rehabilitation, repair or maintenance of housing accommodations to set standards and preferences, terms, conditions, limitations or specifications for the granting of loans or financial assistance that are consistent with business necessity and are not based on the race, color, sex, sexual orientation or gender identity, physical or mental disability, religion, country of ancestral origin or familial status of or the receipt of public assistance payments by the applicant for a loan or financial assistance or of any existing or prospective owner, lessee, tenant or occupant of housing accommodation.
Sec. 13. 5 MRSA §4591, as amended by PL 2005, c. 10, §16, is further amended to read:
§ 4591. Equal access to public accommodations
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 declared to be a civil right.
Sec. 14. 5 MRSA §4592, sub-§1, as amended by PL 2005, c. 10, §17, is further amended to read:
For purposes of this subsection, unlawful discrimination also includes, but is not limited to:
When the entity can demonstrate that the removal of a barrier under this paragraph is not readily achievable, a failure to make the goods, services, facilities, privileges, advantages or accommodations available through alternative methods if alternative methods are readily achievable; and
Sec. 15. 5 MRSA §4592, sub-§2, as amended by PL 2005, c. 10, §17, is further amended to read:
Sec. 16. 5 MRSA §4592, sub-§6, as amended by PL 2007, c. 664, §5, is further amended to read:
Sec. 17. 5 MRSA §4595, as amended by PL 2005, c. 10, §18, is further amended to read:
§ 4595. Right to freedom from discrimination solely on basis of age, race, color, sex, sexual orientation, gender identity, marital status, ancestry, religion or national origin in any credit transaction
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 declared to be a civil right.
Sec. 18. 5 MRSA §4596, as amended by PL 2005, c. 10, §19, is further amended to read:
§ 4596. Unlawful credit extension discrimination
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 origin in any credit transaction. It is not unlawful credit discrimination to comply with the terms and conditions of any bona fide group credit life, accident and health insurance plan, for a financial institution extending credit to a married person to require both the husband and the wife to sign a note and a mortgage and to deny credit to persons under the age of 18 or to consider a person's age in determining the terms upon which credit will be extended.
Sec. 19. 5 MRSA §4601, as amended by PL 2005, c. 10, §20, is further amended to read:
§ 4601. Right to freedom from discrimination in education
The opportunity for an individual at an educational institution to participate in all educational, counseling and vocational guidance programs and , all apprenticeship and on-the-job training programs and all extracurricular activities without discrimination because of sex, sexual orientation or gender identity, a physical or mental disability, ancestry, national origin or , race , color or religion is recognized and declared to be a civil right.
Sec. 20. 5 MRSA §4602, as amended by PL 2005, c. 662, Pt. A, §1, is further amended to read:
§ 4602. Unlawful educational discrimination
Nothing in this subsection may be construed to cover the rights of children with disabilities to special education programs under state or federal law.
The provisions in this subsection relating to sexual orientation do not apply to any education facility owned, controlled or operated by a bona fide religious corporation, association or society.
Sec. 21. 5 MRSA §4634, as enacted by PL 2001, c. 206, §1, is amended to read:
§ 4634. Right to breast-feed
Notwithstanding any other provision of law, a mother person may breast-feed her the person's baby in any location, public or private, where the mother person is otherwise authorized to be.
Sec. 22. 5 MRSA §4684-A, as enacted by PL 1993, c. 379, §1, is amended to read:
§ 4684-A. Civil rights
For purposes of this chapter and Title 17, section 2931, a person has the right to engage in lawful activities without being subject to physical force or violence, damage or destruction of property, trespass on property or the threat of physical force or violence, damage or destruction of property or trespass on property motivated by reason of race, color, religion, sex, ancestry, national origin, physical or mental disability or , sexual orientation or gender identity.
Sec. 23. 5 MRSA §17057, sub-§5, ¶B, as enacted by PL 2011, c. 449, §2, is amended to read:
(1) Medical information of any kind, including information pertaining to diagnosis or treatment of mental or emotional disorders;
(2) Performance evaluations and personal references submitted in confidence;
(3) Information pertaining to the creditworthiness of a named employee;
(4) Information pertaining to the personal history, general character or conduct of members of the employee's immediate family;
(5) Personal information pertaining to the employee's race, color, religion, sex, national origin, ancestry, age, physical disability, mental disability, marital status and , sexual orientation and gender identity; social security number; personal contact information as provided in Title 1, section 402, subsection 3, paragraph O; and personal employment choices pertaining to elected payroll deductions, deferred compensation, savings plans, pension plans, health insurance and life insurance; and
(6) Complaints, charges or accusations of misconduct, replies to those complaints, charges or accusations and any other information or materials that may result in disciplinary action. If disciplinary action is taken, the final written decision relating to that action is no longer confidential after the decision is completed if it imposes or upholds discipline. If an arbitrator completely overturns or removes disciplinary action from an employee personnel file, the final written decision is public except that the employee's name must be deleted from the final written decision and kept confidential. If the employee whose name was deleted from the final written decision discloses that the employee is the person who is the subject of the final written decision, the entire final written decision, with regard to that employee, is public.
For purposes of this subparagraph, "final written decision" means:
(a) The final written administrative decision that is not appealed pursuant to a grievance arbitration procedure; or
(b) If the final written administrative decision is appealed to arbitration, the final written decision of a neutral arbitrator.
A final written administrative decision that is appealed to arbitration is no longer confidential 120 days after a written request for the decision is made to the employer if the final written decision of the neutral arbitrator is not issued and released before the expiration of the 120 days.
This paragraph does not preclude a union representative from having access to personnel records that are necessary for the bargaining agent to carry out collective bargaining responsibilities. Any records available to union representatives that are otherwise covered by this paragraph remain confidential and are not open for public inspection;
Sec. 24. 14 MRSA §1202-A, as corrected by RR 2017, c. 1, §6, is amended to read:
§ 1202-A. Prohibition of discrimination
A citizen may not be excluded from jury service in this State on account of race, color, religion, sex, sexual orientation as defined in Title 5, section 4553, subsection 9-C, gender identity, national origin, ancestry, economic status, marital status, age or physical handicap, except as provided in this chapter.
Sec. 25. 17-A MRSA §1501, sub-§8, ¶B, as enacted by PL 2019, c. 113, Pt. A, §2, is amended to read:
Sec. 26. 20-A MRSA §2404, sub-§3, as enacted by PL 2011, c. 414, §5, is amended to read:
Sec. 27. 20-A MRSA §2412, sub-§4, ¶A, as enacted by PL 2011, c. 414, §5, is amended to read:
Sec. 28. 24-A MRSA §6910, sub-§3, ¶B, as corrected by RR 2003, c. 1, §22, is amended to read:
(1) Providers contracting with a carrier contracted to provide coverage to plan enrollees do not charge plan enrollees or 3rd parties for covered health care services in excess of the amount allowed by the carrier the provider has contracted with, except for applicable copayments, deductibles or coinsurance or as provided in section 4204, subsection 6;
(2) Providers contracting with a carrier contracted to provide coverage to plan enrollees do not refuse to provide services to a plan enrollee on the basis of health status, medical condition, previous insurance status, race, color, creed, age, national origin, citizenship status, gender, sexual orientation, gender identity, disability or marital status. This subparagraph may not be construed to require a provider to furnish medical services that are not within the scope of that provider's license; and
(3) Providers contracting with a carrier contracted to provide coverage to plan enrollees are reimbursed at the negotiated reimbursement rates between the carrier and its provider network.
Sec. 29. 25 MRSA §1544, 2nd ¶, as amended by PL 2001, c. 399, §6, is further amended to read:
The bureau shall establish a category for abuse by adults of family or household members, a category for cruelty to animals and a category for crimes that manifest evidence of prejudice based on race, religion, disability, sexual orientation , gender identity or ethnicity that are supplementary to its other reported information. The bureau shall prescribe the information to be submitted in the same manner as for all other categories of the uniform crime reports.
Sec. 30. 30-A MRSA §4706, sub-§5, ¶B, as enacted by PL 2017, c. 234, §8, is amended to read:
(1) Medical information of any kind, including information pertaining to diagnosis or treatment of mental or emotional disorders;
(2) Performance evaluations and personal references submitted in confidence;
(3) Information pertaining to the creditworthiness of a named employee;
(4) Information pertaining to the personal history, general character or conduct of members of the employee's immediate family;
(5) Complaints, charges or accusations of misconduct, replies to those complaints, charges or accusations and any other information or materials that may result in disciplinary action. If disciplinary action is taken, the final written decision relating to that action is no longer confidential after the decision is completed if it imposes or upholds discipline. The decision must state the conduct or other facts on the basis of which disciplinary action is being imposed and the conclusions of the acting authority as to the reasons for that action; and
(6) Personal information, including that which pertains to the employee's:
(a) Age;
(b) Ancestry, ethnicity, genetic information, national origin, race or skin color;
(c) Marital status;
(d) Mental or physical disabilities;
(e) Personal contact information, as described in Title 1, section 402, subsection 3, paragraph O;
(f) Personal employment choices pertaining to elected payroll deductions, deferred compensation, saving plans, pension plans, health insurance and life insurance;
(g) Religion;
(h) Sex or , sexual orientation as defined in Title 5, section 4553, subsection 9-C or gender identity; or
(i) Social security number; and
Sec. 31. 34-B MRSA §3611, sub-§9, ¶B, as enacted by PL 2007, c. 592, §2, is amended to read:
Sec. 32. 34-B MRSA §15002, sub-§6, as enacted by PL 1997, c. 790, Pt. A, §1 and affected by §3, is amended to read:
Sec. 33. 36 MRSA §5122, sub-§2, ¶O, as amended by PL 2001, c. 679, §3 and affected by §6, is further amended to read:
(1) "Holocaust victim" means an individual who died, lost property or was a victim of persecution as a result of discriminatory laws, policies or actions targeted against discrete groups of individuals based on race, religion, ethnicity, sexual orientation , gender identity or national origin, whether or not the individual was actually a member of any of those groups, or because the individual assisted or allegedly assisted any of those groups, between January 1, 1929 and December 31, 1945, in Nazi Germany or in any European country allied with or occupied by Nazi Germany. "Holocaust victim" includes the spouse or descendant of such an individual.
(2) "Holocaust victim settlement payment" means a payment received:
(a) As a result of the taxpayer's status as a Holocaust victim;
(b) As a result of the settlement of any other Holocaust claim, including an insurance claim, a claim relating to looted art, a claim relating to looted financial assets, a claim relating to slave labor wages or a class action lawsuit claim against Swiss banks; or
(c) As interest on any payment under division (a) or (b) accumulated or accrued through the date of payment;
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
SUMMARY
This amendment incorporates the substance of the bill, as amended by Committee Amendment "A," Senate Amendment "A" and House Amendment "A" and makes the following changes:
1. It strikes from the bill a provision that makes it unlawful public accommodations discrimination under the Maine Human Rights Act for any public entity to discriminate on the basis of protected class; and
2. It retains a provision in current law that makes it unlawful discrimination for a qualified individual with a disability, by reason of that disability, to be excluded from participation in or denied the benefits of the services, programs or activities of a public entity or subjected to discrimination by a public entity.
The amendment also updates the statutory sections to reflect changes in the law that were enacted in the First Regular Session of the 129th Legislature.