Whereas, the Legislature is concerned that persons violating the law should not go unpunished, that victims should not be left without a remedy and that faultless business owners should not be subjected to lawsuits because of acts committed by supervisory personnel outside the purview of agency law; and

Whereas, the Legislature is not confident that revision of the statute is necessary in order to protect victims of sexual harassment or to insulate innocent business owners in appropriate circumstances; now, therefore, be it:

Sec. 1. Report. Resolved: That the Maine Human Rights Commission shall report to the Joint Standing Committee on Judiciary on the number of complaints the commission has received in which the employee has suffered discrimination through actions or inaction of a supervisor, but the employer has an affirmative defense against liability. The report must be submitted not later than January 14, 2004; and be it further

Sec. 2. Legislation. Resolved: That the Joint Standing Committee on Judiciary is authorized to submit legislation to the Second Regular Session of the 121st Legislature in response to the commission's report.