These memoranda were written by Commission Counsel to the Maine Human Rights Commission and are offered as guidance to parties who appear before the Commission. Although an effort has been made to keep these memoranda current, please bear in mind that there may have been statutory changes or new case developments that affect their current validity.
| Date |
Subject |
View |
| (2/12/1979) |
Reasonable accommodation of religious beliefs. |
PDF |
| (7/12/1979) |
BFOQ defense. |
PDF |
| (8/20/1979) |
MHRA and federal government employment. |
PDF |
| (8/31/1979) |
Commissioner executive sessions. |
PDF |
| (10/24/1979) |
Judicial review of Commission decisions. |
PDF |
| (7/29/1980) |
Independent contractors and MHRA. |
PDF |
| (8/13/1980) |
Commission complaint filing deadline. |
PDF |
| (9/11/1980) |
City human rights commissions. |
PDF |
| (1/16/1981) |
Arbitration proceedings and Commission filing deadline. |
PDF |
| (12/29/1981) |
Maine Unemployment Security Commission as “employer.” |
PDF |
| (3/23/1981) |
Elected officials as “employees.” |
PDF |
| (11/10/1982) |
Indian tribes and MHRA. |
PDF |
| (3/12/1984) |
Withdrawal of complaint following investigator’s report. |
PDF |
| (3/23/1989) |
Tie votes by Commissioners. |
PDF |
| (12/18/1989) |
Reverse discrimination - disability. |
PDF |
| (1/27/1992) |
Reasonable grounds standard; Commission litigation decisions. |
PDF |
| (2/22/1995) |
Supervisor liability. |
PDF |
| (11/27/1995) |
Federal Motor Carrier Safety Regulations - preemption. |
PDF |
| (4/26/1996) |
State licensing agencies as “public accommodations.” |
PDF |
| (5/23/1996) |
Insurance companies as an “employers.” |
PDF |
| (8/7/1998) |
ERISA preemption; mental disability LTD coverage; former employees. |
PDF |
| (6/21/1999) |
School liability for student harassment. |
PDF |
| (11/27/2000) |
Use of pseudonyms in investigators’ reports. |
PDF |
| (12/1/2000) |
Notarization of complaint after filing deadline. |
PDF |
| (8/31/2001) |
Disclosure of complaint files - timing. |
PDF |
| (8/8/2002) |
Religious organizations as “employers.” |
PDF |
| (4/17/2003) |
Calculation of deadlines - Saturdays, Sundays, or legal holidays. |
PDF |
| (6/16/2005) |
Volunteers and public accommodations. |
PDF |
| (11/10/2005) |
Individual liability for housing interference. |
PDF |
| (11/10/2005-A) |
Operation of statutory amendments; citizen ratification. |
PDF |
| (1/10/2006) |
Amending complaint to add new protected-class basis; discrimination between disabilities. |
PDF |
| (2/09/2006) |
Recipients of public assistance - standing. |
PDF |
| (3/2/2006) |
Recipients of public assistance – scope and standing; claims by neighbors. |
PDF |
| (4/26/2006) |
Independent contractors and MHRA/WPA; individuals and corporations as “employees” under MHRA/WPA. |
PDF |
| (5/1/2006) |
Amending complaint to include “integrated enterprise”; ski patrol member as employee under WPA; WPA-protected activity - report of future violation of law. |
PDF |
| (5/17/2006) |
Grounds for extending Commission complaint filing deadline. |
PDF |
| (6/6/2006) |
Multiple respondents and the “integrated enterprise” test. |
PDF |
| (7/13/2006) |
First Amendment preemption. |
PDF |
| (7/26/2006) |
Volunteers and public accommodations. |
PDF |
| (8/28/2006) |
City as respondent in education case. |
PDF |
| (9/29/2006) |
“Employee” versus “independent contractor” – MHRA. |
PDF |
| (10/17/2006) |
Elevator exemption and physical therapist’s office. |
PDF |
| (11/17/2006) |
Exclusion of people with disabilities from Section 8. |
PDF |
| (12/6/2006) |
Maine Municipal Public Employees Labor Relations Law preemption. |
PDF |
| (1/30/2007) |
Housing familial status - standing. |
PDF |
| (3/7/2007) |
“Piggyback” doctrine; organizational standing. |
PDF |
| (3/27/2007) |
Continuing effects of discrimination and Commission complaint filing deadline. |
PDF |
| (5/2/2007) |
Amending complaint to add new protected-class basis. |
PDF |
| (5/8/2007) |
Foreign employer coverage. |
PDF |
| (6/11/2007) |
Religious-based rehabilitation program public accommodation coverage. |
PDF |
| (8/1/2007) |
Calculating 180-day right-to-sue date for amended complaint. |
PDF |
| (8/1/2007–A) |
Accessible design and temporary structures. |
PDF |
| (9/18/2007) |
Operation of non-disclosure agreement. |
PDF |
| (10/18/2007) |
Start of Commission complaint filing period. |
PDF |
| (2/20/2008) |
Effect of respondent internal appeal on Commission complaint filing deadline. |
PDF |
| (3/26/2008) |
Use of pseudonyms in investigators’ reports. |
PDF |
| (3/27/2008) |
Tax credits as receipt of public funds – housing construction. |
PDF |
| (3/31/2008) |
Physician staff privileges public accommodation coverage. |
PDF |
| (4/7/2008) |
Amending complaint to add new parties; start of complaint filing period. |
PDF |
| (4/8/2008) |
Public accommodations and accessible routes. |
PDF |
| (4/17/2008) |
Amending complaint to add new protected-class. |
PDF |
| (5/12/2008) |
Police enforcement activity public accommodation coverage. |
PDF |
| (5/12/2008-A) |
Commission jurisdiction - WPA. |
PDF |
| (6/26/2008) |
Participation in public body hearing – WPA-protected activity. |
PDF |
| (7/2/2008) |
Courts and judges public accommodation coverage. |
PDF |
| (11/4/2008) |
Elevator exemption and 3000 square feet per floor requirement. |
PDF |
| (12/4/2008) |
Supervisor liability. |
PDF |
| (12/29/2008) |
Relation back of retaliation amendment. |
PDF |
| (1/20/2009) |
“Discreet act” as part of “hostile work environment” claim. |
PDF |
| (2/5/2009) |
LuLa lifts and vertical access requirement. |
PDF |
| (5/4/2009) |
Reconsideration of Executive Director dismissal decision. |
PDF |
| (5/20/2009) |
“Aid and abet” standard. |
PDF |
| (6/9/2009) |
Amending complaint to change respondent from d/b/a to corporate name. |
PDF |
| (6/11/2009) |
Operation of new filing deadlines in Public Law 235 (changing filing and processing deadlines). |
PDF |
