#51 State House Station Augusta, ME 04333 | Phone: 207.624.6290 | Fax: 207.624.8729 | TTY: Maine Relay 711 | Visitor Information
PROPOSED/ADOPTED CHANGES
AMENDMENTS TO THE HOUSING LAW: Effective September 1, 2012
Various housing provisions of the Maine Human Rights Act have been amended, effective September 1, 2012. The changes include the addition of “aggrieved person” as a person protected; updating and consolidating the accessible building standards; prohibiting discriminatory advertisements and statements by small housing providers that are otherwise exempt; making the Commission process entirely optional in housing cases that are also covered by federal Fair Housing Act; requiring the Commission to file a complaint in court in “reasonable grounds” cases that do not conciliate that are subject to the Commission’s worksharing agreement with the federal Department of Housing and Urban Development; and allowing the recovery of punitive damages in housing cases. Most of the changes ensure that the Maine Human Rights Act is “substantially equivalent” with the federal Fair Housing Act. Below is a link to Public Law 613, 125th Maine Legislature.
NEW DEFINITION OF SERVICE ANIMALS: Effective September 28, 2011
Effective September 28, 2011, the Maine Human Rights Act has been amended to include a new definition of “service animal” applicable to the use of service animals in places of public accommodation. The new definition limits “service animals” to dogs that are individually trained to do work or perform tasks for the benefit of an individual with a disability. A copy of Public Law 369, 125th Maine Legislature, which contains the new definition, can be viewed by clicking the link below. In light of the new definition, the Commission will be amending Chapter 7: Accessibility Regulations of the MHRC and will be issuing new guidance covering service animals in public accommodations. The existing guidance, entitled “Service Animals in Housing and Public Accommodations,” has been withdrawn and replaced by a guidance document entitled “Service Animals in Housing,” which can be viewed in the “Guidance” section of this website.
NEW GUIDANCE COVERING SERVICE ANIMALS IN HOUSING: Effective September 28, 2011
Effective September 28, 2011, the Maine Human Rights Commission has issued new guidance, entitled “Service Animals in Housing.” The new guidance, which can be viewed by clicking the link below, is similar to the Commission’s former guidance, entitled “Service Animals in Housing and Public Accommodations,” but the new guidance is only applicable to housing. The former guidance has been withdrawn in light of a new definition of “service animal,” applicable only to places of public accommodation, that was added to the Maine Human Rights Act this past legislative session. The Commission will be issuing new guidance applicable to service animals in public accommodations at a later time.
Service Animals in Hosing (PDF)
NEW ACCESSIBLE BUILDING STANDARDS: Effective September 28, 2011
Effective September 28, 2011, the Maine Human Rights Act has new accessible building standards for new or altered transportation facilities, places of public accommodation and commercial facilities and facilities constructed or altered by, on behalf of or for the use of a public entity. The new standards are contained in section 8 of Public Law 322, 125th Maine Legislature, which may be viewed by clicking the link below. Between September 28, 2011 and March 15, 2012, new construction and alterations to covered facilities may comply with either the previously existing standards in the Maine Human Rights Act or these new standards. After March 15, 2012, the new standards become mandatory and fully replace the previously existing standards. In light of the new standards, the Commission will be amending Chapter 7: Accessibility Regulations of the MHRC.
CONSENT DECREE ENTERED IN INTERPRETER CASE
On September 7, 2011, Chief United States District Court Judge John A. Woodcock, Jr., signed an Amended Consent Decree in 1:09-cv-466, Maine Human Rights Commission and Shirley Carney v. Sunbury Primary Care, P.A. In the complaint, plaintiffs alleged that Sunbury denied Ms. Carney, who is deaf, with an interpreter for a treatment visit and was likely to deny other patients who are deaf with interpreters. Sunbury denied any unlawful discrimination. Pursuant to the Decree, which fully resolves the Commission's complaint, Sunbury agreed to implement a policy to "provide any current or future Sunbury patient who is deaf with a qualified interpreter, upon request of the patient, for any visit that is likely to involve interactive communication between the hearing impaired patient and a Sunbury provider regarding a substantive medical issue." The Decree also enjoins Sunbury from violating the auxiliary aids and services provision of the Maine Human Rights Act for hearing impaired patients and awards $7500 to Ms. Carney. The Decree remains in effect for three years, other than its continuing nature as an order within the meaning of 5 M.R.S.A. §4613(2)(B)(7). Ms. Carney separately resolved her claims against Sunbury.
The claims and facts of the case, as detailed in Judge Woodcock’s decision on various motions, can be viewed here: : http://www.med.uscourts.gov/Opinions/Woodcock/2011/JAW_03142011_1-09cv466_MHRC_V_SUNBURY (PDF)
NEW PROCEDURAL RULES: Effective February 8, 2010
The Commission has adopted revisions to its procedural rules, CHAPTER 2: PROCEDURAL RULE; CHAPTER 4-A: PROCEDURAL RULE: EQUAL EDUCATIONAL OPPORTUNITY; and CHAPTER 9: HOUSING PROCEDURAL RULE. The adopted changes to CHAPTER 4-A were made jointly with the Maine Department of Education, pursuant to 5 M.R.S.A. § 4603. These amendments changed to the Commission’s procedural rules to implement new statutory provisions as well as comply with the Commission’s worksharing agreements with its federal partners; combine the housing procedural rule with the general procedural rule, thereby deleting the former housing rule; create greater consistency between the education procedural rule and the Commission’s general procedural rule; add provisions on advisory rulings; and clarify the roles of Commission staff. The adopted rule changes (in legislative and clean text format) and the basis statement may be viewed below:
Proposed Rule Amendment
Pursuant to 5 M.R.S.A. § 4566(7), the Maine Human Rights
Commission is proposing amendments to its procedural rules,
CHAPTER 2: PROCEDURAL RULE; CHAPTER 4-A:
PROCEDURAL RULE: EQUAL EDUCATIONAL OPPORTUNITY;
and CHAPTER 9: HOUSING PROCEDURAL RULE.
The proposed
changes to CHAPTER 4-A are made jointly with the Maine Department of Education, pursuant to 5 M.R.S.A. § 4603.These amendments would make changes to the Commission’s procedural rules to implement new statutory provisions as well as comply with the Commission’s worksharing agreements with its federal partners; combine the housing procedural rule with the general procedural rule; create greater consistency between the education procedural rule and the Commission’s general procedural rule; add provisions on advisory rulings; and clarify the roles of Commission staff.A public hearing on these rules has been set for Monday, December 7, 2009, at 1:00 P.M., at the Senator Inn and Conference Center, Embassy Room, 284 Western Ave, Augusta, ME. Oral or written testimony on the proposed rules will be received at that time. Written testimony and comments will be accepted at the Commission’s office until December 17, 2009.
A copy of the section of the rules that are being amended is available below or may be obtained by contacting this office at 624-6290. Specific questions should be addressed to John P. Gause, Commission Counsel, John.P.Gause@Maine.gov, or Susan Corrente, Legal Counsel, Maine Department of Education, Susan.Corrente@Maine.gov.
 Ch 2 & 9 (DOC) |
Chapter 2 & 9(PDF) |
| Ch 4-A (DOC) |
Chapter 4-A (PDF)
|
New Filing Deadlines: Effective September 12, 2009:
The filing deadlines under the Maine Human Rights Act have been amended, effective September 12, 2009. The time to file a complaint with the Commission has been enlarged from 6 months to 300 days after the alleged act of discrimination. The two-year statute of limitations for filing a court action has also been changed. Under the new law, complainants have the greater of either 2 years after the act of alleged discrimination or 90 days from from a dismissal, right-to-sue letter, or failed conciliation. The Commission has two years to complete its investigation under section 4612(1)(B). The new law, known as PL 235, can be viewed here:
 PL 235 (DOC) |
PL 235 (PDF)
|
| PL 235 TIMELINE(DOC) |
PL 235 Timeline (PDF)
|
NEW SERVICE ANIMAL RULES: Effective November 19, 2008
The Commission amended its housing and public accommodations regulations covering “service animals” in Chapter 7: Accessibility Regulations of the Maine Human Rights Commission; and Chapter 8: Housing Regulations of the Maine Human Rights Commission. The amendments conform the Commission’s rules to the changes to the Maine Human Rights Act created by Public Law, Chapter 664, 123 rd Maine State Legislature. The new statutory provisions, which were effective July 17, 2008 and can be found at 5 M.R.S.A. §§ 4553(9-D), 4592(8), and 4582-A(3), added a definition of “service animal” to the Act and address the rights of people with disabilities to use service animals in housing and places of public accommodation. The adopted rule incorporates these changes into the Commission’s housing and public accommodations regulations. The adopted rule and basis statement may be viewed below.
| Basis Statement (HTML) |
Basis Statement (PDF)
|
| Rule (HTML) |
Rule (PDF) |
NEW SERVICE ANIMAL PROVISIONS: Effective July 17, 2008
The Maine Human Rights Act has been amended to include a definition of service animal and provisions addressing service animals in housing and places of public accommodation. These changes were recommended by a task force created by L.D. 289 to evaluate Maine statutory provisions relating to service animals and propose changes. In addition to the Maine Human Rights Act amendments, the new public law includes changes applicable to dog licensing fees and the Model White Cane Law. <br> The entire new public law, which includes the additions to the Maine Human Rights Act, may be viewed below.
| SVC AMIMAL AMEND 2008 (HTML) |
SVC ANIMAL AMEND 2008(PDF)
|
PROPOSED RULE AMENDMENT
Pursuant to 5 M.R.S.A. § 4566(7), the Maine Human Rights Commission is proposing amendments covering “service animals” to its regulations, Chapter 7: Accessibility Regulations of the Maine Human Rights Commission; and Chapter 8: Housing Regulations of the Maine Human Rights Commission. The amendments are proposed to conform the Commission’s rules to the changes to the Maine Human Rights Act created by Public Law, Chapter 664, 123 rd Maine State Legislature. The new statutory provisions, which become effective July 17, 2008, add a definition of “service animal” to the Act and address the rights of people with disabilities to use service animals in housing and places of public accommodation. The proposed rule incorporates these changes into the Commission’s housing and public accommodations regulations. A public hearing on these rules will not be held unless a request for a hearing is received by the Commission from five or more interested persons.Written testimony and comments will be accepted at the Commission’s office until June 27, 2008. A copy of the section of the rules that are being amended is available below or may be obtained by contacting this office at 624-6290. Specific questions should be addressed to John P. Gause, Commission Counsel.
| SVC AMIMAL AMEND (HTML) |
SVC ANIMAL AMEND (PDF)
|
DISABILITY RULE REPEAL: Effective April 14, 2008
The Commission repealed the regulatory definition of “physical or mental disability” in Chapter 3: Employment Regulations of the Maine Human Rights Commission; Chapter 5: Public Accommodations Regulations Relating to Physical or Mental Disability Discrimination in Public Conveyances of the Maine Human Rights Commission; Chapter 7: Accessibility Regulations of the Maine Human Rights Commission; and Chapter 8: Housing Regulations of the Maine Human Rights Commission. The repeal was made because the former statutory definition of “physical or mental disability” in the Maine Human Rights Act, 5 M.R.S.A. § 4553 (7-A, 7-B), which the regulatory definition interpreted, was repealed by Public Law, Chapter 385, 123rd Maine State Legislature. The new statutory definition of disability, which became effective June 21, 2007, can be found in the Maine Human Rights Act, 5 M.R.S.A. § 4553-A. The Commission is not proposing a new regulatory definition of “physical or mental disability” interpreting the new statutory definition at this time. The adopted rules may be viewed below.
MAINE HUMAN RIGHTS ACT AMENDMENTS: Effective September 19, 2007
The following amendments to the Maine Human Rights Act took effect September 19, 2007. These amendments correct typographical errors, clarify the protections of the Act, make certain Maine Human Rights Commission records confidential, and prohibit unreasonable housing practices that have a disparate impact on the basis of race, color, sex, sexual orientation, physical or mental disability, religion, country of ancestral origin, familial status or the receipt of public assistance payments. The amendments, reflected in Public Law, Chapter 243, 123 rd Maine State Legislature, may be viewed below.
Download a printable PDF version
NEW SEXUAL ORIENTATION RULES: Effective September 15, 2007
Effective September 15, 2007, the Commission adopted amendments to its employment and housing rules to implement the addition of “sexual orientation” to the protected classifications under the Maine Human Rights Act. These adopted rules apply to Chapter 3: Employment Regulations of the Maine Human Rights Commission and Chapter 8: Housing Regulations of the Maine Human Rights Commission. Rules addressing sexual orientation discrimination in education and places of public accommodation will be implemented at a later time. The adopted rules and basis statement may be viewed below.
Basis Statement and Response to Comments.
New Definition of Disability
Effective June 21, 2007, a new definition of “physical or mental disability” was added to the Maine Human Rights Act. The new definition applies to all cases of alleged disability discrimination occurring after the law took effect. The definition replaces all prior definitions of disability under the Act, including the regulatory definition that went into effect on March 21, 2007. The new definition is set forth below.
Adopted Amendment: Effective March 21, 2007
(NOTE: SUPERSEDED BY STATUTE)
These changes went into effect on March 21, 2007. (NOTE: Effective June 21, 2007, a new definition of "physical or mental disability" was added to the Maine Human Rights Act. The new statutory definition applies to all cases of alleged disability discrimination occurring after the law took effect. The new statutory definition replaced all prior definitions of disability under the Act, including this regulatory definition.)
