An Act To Amend the Maine Human Rights Act
Sec. 1. 5 MRSA §4581, sub-§1, as enacted by PL 1989, c. 245, §3, is amended to read:
Sec. 2. 5 MRSA §4582, 5th ¶, as amended by PL 1989, c. 245, §4, is further amended to read:
For any person furnishing rental premises or public accommodations to refuse to rent or impose different terms of tenancy to any individual who is a recipient of federal, state or local public assistance, including medical assistance and housing subsidies , primarily because of the individual's status as recipient or because of any requirement of such a public assistance program; or
Sec. 3. 5 MRSA §4582-A, sub-§1, as amended by PL 1991, c. 99, §18, is further amended to read:
Sec. 4. 5 MRSA §4582-A, sub-§2, as enacted by PL 1989, c. 779, is amended to read:
Sec. 5. 5 MRSA §4583, as amended by PL 2005, c. 10, §15, 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, physical or mental disability, religion, country of ancestral origin , or familial status of or the receipt of public assistance payments of 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, physical or mental disability, religion, country of ancestral origin , or familial status of or the receipt of public assistance payments of by the applicant for a loan or financial assistance or of any existing or prospective owner, lessee, tenant or occupant of housing accommodation.
Sec. 6. 5 MRSA §4612, sub-§1, ¶A, as amended by PL 1993, c. 578, §1, is further amended to read:
Sec. 7. 5 MRSA §4612, sub-§1, ¶B, as enacted by PL 1985, c. 585, §1, is amended to read:
Sec. 8. 5 MRSA §4612, sub-§3, as amended by PL 1985, c. 585, §2, is further amended to read:
Sec. 9. 5 MRSA §4613, sub-§2, ¶B, as amended by PL 1997, c. 400, §1, is further amended to read:
(1) An order to cease and desist from the unlawful practices specified in the order;
(2) An order to employ or reinstate a victim of unlawful employment discrimination, with or without back pay;
(3) An order to accept or reinstate such a person in a union;
(4) An order to rent or sell a specified housing accommodation, or one substantially identical to that accommodation if controlled by the respondent, to a victim of unlawful housing discrimination;
(5) An order requiring the disclosure of the locations and descriptions of all housing accommodations that the violator has the right to sell, rent, lease or manage ; and forbidding the sale, rental or lease of those housing accommodations until the violator has given security to assure ensure compliance with any order entered against the violator and with all provisions of this Act. An order may continue the court's jurisdiction until the violator has demonstrated compliance , and may defer decision on some or all relief until after a probationary period and a further hearing on the violator's conduct during that period;
(6) An order to pay the victim, in cases of unlawful price discrimination, 3 times the amount of any excessive price demanded and paid by reason of that unlawful discrimination;
(7) An order to pay to the victim of unlawful discrimination, other than employment discrimination in the case of a respondent who has more than 14 employees, or, if the commission brings action on behalf of the victim, an order to pay to the victim, the commission or both, civil penal damages not in excess of $10,000 in the case of the first order under this Act against the respondent, not in excess of $25,000 in the case of a 2nd order against the respondent arising under the same subchapter of this Act and not in excess of $50,000 in the case of a 3rd or subsequent order against the respondent arising under the same subchapter of this Act, except that the total amount of civil penal damages awarded in any action filed under this Act may not exceed the limits contained in this subparagraph;
(8) In cases of intentional employment discrimination with respondents who have more than 14 employees, compensatory and punitive damages as provided in this subparagraph.
(a) In an action brought by a complaining party under section 4612 and this section against a respondent who engaged in unlawful intentional discrimination prohibited under sections 4571 to 4575, if the complaining party can not recover under 42 United States Code, Section 1981 (1994), the complaining party may recover compensatory and punitive damages as allowed in this subparagraph in addition to any relief authorized elsewhere in this subsection from the respondent.
(b) When a discriminatory practice involves the provision of a reasonable accommodation, damages may not be awarded under this subparagraph when the covered entity demonstrates good faith efforts, in consultation with the person with the disability who has informed the covered entity that accommodation is needed, to identify and make a reasonable accommodation that would provide that individual with an equally effective opportunity and would not cause an undue hardship on the operation of the business.
(c) A complaining party may recover punitive damages under this subparagraph against a respondent if the complaining party demonstrates that the respondent engaged in a discriminatory practice or discriminatory practices with malice or with reckless indifference to the rights of an aggrieved individual protected by this Act.
(d) Compensatory damages awarded under this subparagraph do not include back pay, interest on back pay or any other type of relief authorized elsewhere under this subsection.
(e) The sum of compensatory damages awarded under this subparagraph for future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, other nonpecuniary losses and the amount of punitive damages awarded under this section may not exceed for each complaining party:
(i) In the case of a respondent who has more than 14 and fewer than 101 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $50,000;
(ii) In the case of a respondent who has more than 100 and fewer than 201 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $100,000;
(iii) In the case of a respondent who has more than 200 and fewer than 501 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $200,000; and
(iv) In the case of a respondent who has more than 500 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $300,000.
(f) Nothing in this subparagraph may be construed to limit the scope of, or the relief available under, 42 United States Code, Section 1981 (1994).
(g) If a complaining party seeks compensatory or punitive damages under this subparagraph, any party may demand a trial by jury and the court may not inform the jury of the limitations described in division (e).
(h) This subparagraph does not apply to recoveries for a practice that is unlawful only because of its disparate impact.
(i) Punitive damages may not be included in a judgment or award against a governmental entity, as defined in Title 14, section 8102, subsection 2, or against an employee of a governmental entity based on a claim that arises out of an act or omission occurring within the course or scope of that employee's employment; and
(9) In addition to other remedies in subparagraphs (1) to (8), an order to pay actual damages in the case of discriminatory housing practices. This subparagraph is not intended to limit actual damages available to a plaintiff alleging other discrimination if the remedy of actual damages is otherwise available under this Act . ;
summary
This bill amends the Maine Human Rights Act to 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.