Proposed/Adopted Changes
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.
The entire new public law, which includes the additions to the Maine Human Rights Act, may be viewed below.
Service Animal Amendment
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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The Commission repealed the regulatory definition of “physical or mental disability” in Chapter 3: Employment Regulations of the Maine Human Rights Commission; Chapter 5: Public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in the Maine Human Rights Act, 5 M.R.S.A. § 4553 (7-A, 7-B), which the regulatory definition interpreted, was repealed by Public Law, Chapter 385, 123rd Maine State Legislature.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.
94-348 Changes Definition of Disability
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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.
Amendments to Public Law Chapter 243
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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
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94-348 –ADOPTED CHANGES TO RULES
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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.
An Act To Clarify the Definition of “Physical or Mental Disability” in the Maine Human Rights Act
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Adopted Amendment
Effective March 21, 2007
(NOTE: SUPERSEDED BY STATUTE)
On December 11, 2006, the Commission voted to adopt a rule amending its regulations interpreting the definition of “physical or mental disability” under the Maine Human Rights Act. The new rule addresses the definition of “physical or mental disability” in the context of 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.
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.)
Basis Statement and Response to Comments
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94-348 ADOPTED RULE
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