Know Your Rights: LGBTQ Rights in Maine

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Discrimination | Public Accommodations | Maine

Maine Public Accommodations Q&A

What is a place of public accommodation?

A place of public accommodation means a facility operated by a private or public entity whose operations fall into categories such as lodging, restaurants, entertainment, public gathering, retail stores, service establishments, transportation, museums, libraries, recreation facilities, exercise or health facilities, schools and educational institutions, social service establishments, or government buildings. Generally, any establishment that caters to, or offers its goods, facilities or services to, or solicits or accepts patronage from the general public is a place of public accommodation (5 Me. Rev. Stat. sec. 4553 (8) (definition of “public accommodation”)).

Does Maine have an anti-discrimination law protecting LGBTQ+ individuals from discrimination in places of public accommodation?

Yes. On November 8, 2005, Maine voters agreed to keep in place a law, LD 1196, “An Act to Extend Civil Rights Protections to All People Regardless of Sexual Orientation”, passed by the Legislature and signed by the Governor in the spring of 2005. The law went into effect on December 28, 2005.

The law provides protection against discrimination based on sexual orientation which is defined as “… a person’s actual or perceived heterosexuality, bisexuality, homosexuality or gender identity or expression” (5 Me. Rev. Stat. sec. 4553 (9-C)).

These laws also prohibit discrimination against people living with HIV based on disability. For more information, see: HIV/AIDS – Know Your Rights – GLAD.

Does it also protect people perceived as LGBTQ+ in places of public accommodation?

Yes. The non-discrimination law specifically covers people who are perceived to be lesbian, gay, bisexual or transgender.

What does the law say about discrimination in places of public accommodation?

The law makes it illegal for places of public accommodation to discriminate on the basis of sexual orientation or “… in any manner withhold from or deny the full and equal enjoyment … of the accommodations, advantages, facilities, goods, services or privileges of public accommodation.” The law also makes it illegal to advertise that any place of public accommodation is restricted to people of a particular sexual orientation (5 Me. Rev. Stat. sec. 4592 (1)).

How do I file a complaint of discrimination? What happens after I file?

You should contact the Maine Human Rights Commission (MHRC) at (207) 624-6050, or at State House Station #51, Augusta, ME 04333-0051, or on the web at http://www.state.me.us/mhrc/index.shtml. The Commission prefers for people to file complaints in writing. For an FAQ about this process, see: https://www.maine.gov/mhrc/about/faq.

The complaint must be under oath, state the name and address of the individual making the complaint as well as the entity he or she is complaining against (called the “respondent”). The complaint must set out the particulars of the alleged unlawful acts and the times they occurred (5 Me. Rev. Stat. sec. 4611).

Once a complaint is timely filed, a Commissioner or investigator will seek to resolve the matter. If he or she cannot do so, the Commission will proceed with an investigation to determine if there are reasonable grounds to believe that unlawful discrimination has occurred. The Commission has extensive powers during the course of the investigation. Among other things, it can examine persons, places and documents, and require attendance at a fact finding hearing, and issue subpoenas for persons or documents.

If the Commissioner or investigator concludes:

there are no reasonable grounds, then it will dismiss the case, and the complainant may file a new case in the Superior Court (See generally 5 Me. Rev. Stat. sec. 4612);
there are reasonable grounds, then it will try to resolve the matter through settlement (5 Me. Rev. Stat. sec. 4612).

Once the Commission process is complete, and if settlement has failed, a person can file an action for relief in court. A person may also request a “right to sue” letter from the MHRC if there has been no court action filed and no conciliation agreement in place within 180 days of filing the complaint (5 Me. Rev. Stat. sec. 4612 (6)). The person may then file an action in the Superior Court (5 Me. Rev. Stat. sec. 4621). In some situations, the Commission may file an action in court on your behalf (See generally 5 Me. Rev. Stat. sec. 4612).

Do I need a lawyer?

Not necessarily. The process is designed to allow people to represent themselves. However, GLAD strongly encourages people to find a lawyer to represent them throughout the process. Not only are there many legal rules governing the MHRC process, but the respondents will almost certainly have legal representation. GLAD Answers can provide referrals to attorneys in GLAD’s Lawyer Referral Service.

What are the deadlines for filing a complaint of discrimination?

A complaint must be filed with the MHRC within 300 days of the discriminatory act or acts (5 Me. Rev. Stat. sec. 4611). There are virtually no exceptions for lateness, and GLAD encourages people to move promptly in filing claims. Actions filed in Superior Court must generally be filed “not more than 2 years after the act of unlawful discrimination complained of” (5 Me. Rev. Stat. sec. 4613(2)(C)).

What are the legal remedies for discrimination?

This is a complicated area and depends on a variety of factors, including the type of discrimination and its intersection with federal laws.

As a general matter, the MHRC tries to resolve cases in which reasonable cause is found. It is not empowered to award emotional distress damages or attorney’s fees, but the parties may agree to whatever terms are mutually satisfactory for resolving the issue (94-348 Rules of Maine Human Rights Com’n secs. 2.07, 2.08. 2.09. Available at http://www.maine.gov/mhrc/laws/index.html).

As a general matter, if a person has filed with the MHRC, completed the process there, and later files his or her case in court, then a full range of compensatory and injunctive relief is available (5 Me. Rev. Stat. secs. 4613, 4614). If a discrimination complainant takes his or her case to court without first filing at the MHRC, then only injunctive relief is available in court, such as a cease and desist order, or an order to do training or post notices (5 Me. Rev. Stat. sec. 4622).

The relief ordered by a court may include: (a) hiring, reinstatement and back pay in employment cases; (b) an order to rent or sell a specified housing accommodation (or one that is substantially identical), along with damages of up to three times any excessive price demanded, and civil penal damages, to the victim in housing cases; and (c) in all cases, where the individual has exhausted the MHRC process, an order for attorney’s fees, civil penal damages, cease and desist orders, and other relief that would fulfill the purposes of the anti-discrimination laws (e.g. training programs, posting of notices).

Can I claim discrimination on a basis other than sexual orientation?

Yes, but only if you are treated differently because of a personal characteristic protected by Maine law.

In public accommodations, it is illegal to discriminate on the basis of race, color, sex, physical or mental disability, religion, ancestry or national origin, as well as sexual orientation (5 Me. Rev. Stat. sec. 4553 (8) (definition), 4592 (prohibition)).

Are there other options for filing a complaint for discrimination?

Possibly yes, depending on the facts of your particular situation.

State or Federal Court: After filing with the MHRC, a person may decide to remove his or her discrimination case from those agencies and file in court. There are rules about when and how this must be done.

What can I do to prepare myself before filing a complaint of discrimination?

Contact GLAD Answers by filling out the email form at GLAD Answers or by phone at 800-455-4523 (GLAD) to discuss options.

Some people prefer to meet with an attorney to evaluate the strength of their claims before filing a case. It is always helpful if you bring to your attorney an outline or diary of what happened. It is best if the information is organized by date and explains who the various players are (and how to get in touch with them), as well as what happened, who said what, and who was present for any important conversations or incidents. GLAD Answers can provide referrals to attorneys in GLAD’s Lawyer Referral Service.

Resources

For more information about the MHRC complaint process see:

For information about discrimination protections for people living with HIV, see: HIV/AIDS – Know Your Rights – GLAD.

Cases & Advocacy

To see Discrimination cases or advocacy which GLAD has been directly involved with in Maine, go to: Cases and Advocacy – GLAD and under “By Issue” click on “Discrimination” and under “By Location” click on “Maine.”

News & Press Releases

To see news and press releases about Discrimination in Maine, go to: News & Press Releases – GLAD and under “By Issue” click on “Discrimination” and under “By Location” click on “Maine.”

Employment | Discrimination | Maine

Maine Discrimination Q&A

Does Maine have an anti-discrimination law protecting LGBT individuals from discrimination in employment?

These laws also prohibit discrimination against people living with HIV based on disability. For more information, see: HIV/AIDS – Know Your Rights – GLAD.

Does it also protect people perceived as LGBT in employment?

Yes. The non-discrimination law specifically covers people who are perceived to be lesbian, gay, bisexual or transgender.

To whom does the non-discrimination law apply and what does it forbid?

The non-discrimination law applies to governmental employers (local and state) and private employers with any number of employees (5 Me. Rev. Stat. sec. 4553 (4) (definition of employer)). It forbids employers from refusing to hire, or discharging, or discriminating against the employee with respect to any employment matter, including hiring, tenure, promotion, transfer, compensation, terms, conditions or privileges of employment. Nor may an employer use any employment agency that discriminates (5 Me. Rev. Stat. sec. 4572 (1)(A)). Harassment based on sexual orientation is included within “terms and conditions” of employment.

Employment agencies may not refuse to: classify properly; refer their customers for employment; or otherwise discriminate because of sexual orientation. Labor organizations (e.g. unions) may not deny apprenticeship, membership or any membership rights or otherwise penalize or discriminate against their members because of sexual orientation (5 Me. Rev. Stat. sec. 4572 (1)(B) & (C)).

The law also forbids any employer, employment agency, or labor organization, prior to employment or membership, from eliciting or recording information about a person’s sexual orientation, printing any advertisement indicating any preference or limitation based on sexual orientation, or having a system of denying or limiting employment or membership opportunities based on sexual orientation (5 Me. Rev. Stat. sec. 4572 (1)(D)).

Does the law apply to every employer?

No, there is a religious exemption that provides:

“Employer” does not include a religious or fraternal corporation or association, not organized for private profit and in fact not conducted for private profit, with respect to employment of its members of the same religion, sect or fraternity, except for purposes of disability-related discrimination, in which case the corporation or association is considered to be an employer (5 Me. Rev. Stat. sec. 4553 (4) (definition of “employer”)).

This appears to mean that certain non-profit religious entities (not individuals) are exempt from the law, and a religious organization may require all applicants and employees to conform to the religious tenets of that organization (5 Me. Rev. Stat. sec. 4573-A (2)). The full scope of this exemption may be sorted out in specific court cases.

Does Maine law forbid sexual harassment?

Yes, sexual harassment is expressly prohibited by state law.

“Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of sexual nature constitute sexual harassment when:

submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;
submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment” (94-348 Rules of Maine Human Rights Com’n, 3.06 I (1). Available at: http://www.maine.gov/mhrc/laws/index.html).

Both the United States Supreme Court and several state courts have found same-sex sexual harassment to violate sexual harassment laws. Compare Oncale v. Sundowner Offshore Services (9523 U.S. 75 (1998), man can sue for sexual harassment by other men under federal sexual harassment laws)) to Melnychenko v. 84 Lumber Co. (424 Mass. 285, 676 N.E.2d 45 (1997), (same-sex sexual harassment forbidden under Massachusetts state law)).

Are there any protections from sexual orientation harassment?

Yes. In September 2007, the Maine Human Rights Commission (MHRC) adopted amendments to its employment and housing rules that expressly acknowledged the existence of sexual orientation harassment (see generally 94-348 Me. Hum Rights Comm’n Reg. Ch. 3, § 3.12. Available at: http://www.maine.gov/mhrc/laws/index.html). Under these rules, unwelcome comments, jokes, acts, and other verbal or physical conduct on the basis of sexual orientation constitute harassment when:

submission to this conduct is a condition of employment or a term of membership in a union;
submission to or rejection of this conduct is used as a basis for a decision made by unions or employers that affect the individual;
such conduct interferes or attempts to interfere with the individual’s work performance or creates an intimidating, hostile, or offensive working or union environment (94-348 Me. Hum Rights Comm’n Reg. Ch. 3, § 3.12 (1) (a) – (c). Available at: http://www.maine.gov/mhrc/laws/index.html).

Employers or labor organizations are responsible for their actions and for those of their employees with respect to sexual orientation harassment (94-348 Me. Hum Rights Comm’n Reg. Ch. 3, § 3.12 (2). Available at: http://www.maine.gov/mhrc/laws/index.html).

How do I file a complaint of discrimination? What happens after I file?

If the Commissioner or investigator concludes:

there are no reasonable grounds, it will dismiss the case, and the complainant may file a new case in the Superior Court (See generally 5 Me. Rev. Stat. sec. 4612);
there are reasonable grounds, it will try to resolve the matter through settlement (5 Me. Rev. Stat. sec. 4612).

Do I need a lawyer?

GLAD Answers can provide referrals to attorneys in GLAD’s Lawyer Referral Service.

What are the deadlines for filing a complaint of discrimination?

What are the legal remedies for discrimination?

This is a complicated area and depends on a variety of factors, including the type of discrimination and its intersection with federal laws.

The relief ordered by a court may include:

(a) hiring, reinstatement and back pay in employment cases;

(b) an order to rent or sell a specified housing accommodation (or one that is substantially identical), along with damages of up to three times any excessive price demanded, and civil penal damages, to the victim in housing cases; and

(c) in all cases, where the individual has exhausted the MHRC process, an order for attorney’s fees, civil penal damages, cease and desist orders, and other relief that would fulfill the purposes of the anti-discrimination laws (e.g. training programs, posting of notices).

Can I claim discrimination on a basis other than sexual orientation?

Yes, but only if you are treated differently because of a personal characteristic protected by Maine law.

The present non-discrimination laws for employment forbid taking action against someone because of race, color, sex, physical or mental disability, religion, ancestry, national origin, age, or because a person previously filed a worker’s compensation claim, as well as sexual orientation (5 Me. Rev. Stat. sec. 4572. 44).

Can I also file a complaint a discrimination complaint with a federal agency?

Yes. Federal employment non-discrimination law, called Title VII, applies to employers with at least 15 employees.

Someone who brings a claim of discrimination may sometimes pursue protections under both state and federal law. This is true because there may be overlapping provisions of state and federal law. For example, Title VII forbids employment discrimination based on race, sex, age, religion, and disability (which includes HIV status), but does not expressly forbid discrimination based on “sexual orientation” or “gender identity.”

However, in Bostock v. Clayton County, Georgia, No. 17-1618 (S. Ct. June 15, 2020, see: https://www.supremecourt.gov/opinions/19pdf/17-1618_hfci.pdf), the Supreme Court held that firing individuals because of their sexual orientation or transgender status violates Title VII’s prohibition on sex-based discrimination. For more information on how the EEOC enforces discrimination against LGBT employees, see: https://www.eeoc.gov/sexual-orientation-and-gender-identity-sogi-discrimination.

GLAD recommends that, where there may be overlapping state and federal jurisdiction, you explore filing with MCAD first but keep in mind the possibility of pursuing a federal claim as well. If you have a sexual orientation or gender identity complaint, you should check off “sex” as well as “sexual orientation” or “gender identity” as the bases for your claim and request that MCAD cross-file your complaint with the EEOC.

Federal complaints must be filed within 180 days of the discriminatory act with the Equal Employment Opportunity Commission (EEOC). However, if you initially institute your complaint with MCAD and indicate that you wish to have the complaint cross-filed with the EEOC, then the time limit is extended to the earlier of 300 days or 30 days after MCAD has terminated the case (34 United States Code 42 sec. 2000e-5(e)(1)). (People who work for federal agencies are beyond the scope of this publication).

Are there other options for filing a complaint for discrimination?

Possibly yes, depending on the facts of your particular situation.

Union: If you are a member of a union, your contract (collective bargaining agreement) may provide additional rights to you in the event of discipline, discharge or other job-related actions. In fact, if you obtain relief under your contract, you may decide not to pursue other remedies. Get and read a copy of your contract and contact a union steward about filing a grievance. Deadlines in contracts are strict. Bear in mind that if your union refuses to assist you with a complaint, you may have a discrimination action against it for its failure to work with you, or for failure of duty of fair representation.
State or Federal Court: After filing with the MHRC or EEOC, a person may decide to remove his or her discrimination case from those agencies and file in court. There are rules about when and how this must be done.
If you want to file a civil action directly in Superior Court, and not have the Maine Human Rights Commission investigate your complaint, and if your complaint has been filed with the Commission for 180 days or more, you may ask for a Right-to-Sue letter. The Commission will issue you the letter, and immediately stop investigation of your complaint of discrimination. The deadline for filing a court action is the greater of either 2 years after the act of alleged discrimination or 90 days from a dismissal, right-to-sue letter, or failed conciliation.

In addition, a person may file a court case to address other claims that are not appropriately handled by discrimination agencies. For example:

If a person is fired in violation of a contract or fired without the progressive discipline promised in a handbook, or fired for doing something the employer doesn’t like but which the law requires, then these matters are beyond the scope of what the agencies can investigate and the matter can be pursued in court.
If a person has a claim for a violation of constitutional rights, such as a teacher or other governmental employee who believes his or her free speech or equal protection rights were violated, then those matters must be heard in court.

What can I do if my employer fires me for filing a complaint of discrimination?

It is illegal to retaliate in these circumstances, and the employee could file an additional complaint against the employer for retaliation. “Retaliation” protections cover those who participate in MHRC proceedings or otherwise oppose unlawful conduct, whether as a complainant or as a witness. If the employer takes action against an employee because of that conduct, then the employee can state a claim of retaliation (5 Me. Rev. Stat. sec. 4572 (1)(E). See also Provencher v. CVS Pharmacy, 76 Fair Empl.Prac.Cas. (BNA) 1569 (1st Cir.(N.H.) 1998) (upholding federal retaliation claim of gay man)).

What can I do to prepare myself before filing a complaint of discrimination?

Contact GLAD Answers by filling out the email form at https://www.glad.org/know-your-rights/glad-answers/ or by phone at 800-455-4523 (GLAD) to discuss options.

In evaluating your potential claims, you have the right to request a complete copy of your personnel file at any time (5 Me. Rev. Stat. sec. 7071 (Employee right to request personnel file)). Personnel files are the official record of your employment and are an invaluable source of information (5 Me. Rev. Stat. sec. 7070 (Definition of personnel record)).

Whether you leave a job voluntarily or not, be cautious about signing any documents admitting to wrongdoing, or that waive your legal rights, or that are a supposed summary of what you said in an exit interview. Sometimes employees are upset or scared at the time they are terminating employment, but the documents will likely be enforceable against you later. Please be cautious.

As a general matter, people who are still working under discriminatory conditions have to evaluate how filing a case will affect their job, and if they are willing to assume those possible consequences. Of course, even if a person has been fired, he or she may decide it is not worth it to pursue a discrimination claim. This is an individual choice which should be made after gathering enough information and advice to make an informed decision.

Some people prefer to meet with an attorney to evaluate the strength of their claims before filing a case. It is always helpful if you bring to your attorney an outline or diary of what happened on the job that you are complaining about. It is best if the information is organized by date and explains who the various players are (and how to get in touch with them), as well as what happened, who said what, and who was present for any important conversations or incidents. Try to obtain and bring copies of your employee handbooks or personnel manuals, any contracts, job evaluations, memos, discharge letters and the like.

GLAD Answers can provide referrals to attorneys in GLAD’s Lawyer Referral Service.

Resources

For more information about the MHRC complaint process see:

For information about discrimination protections for people living with HIV, see: https://www.glad.org/issues/hivaids/.

For more https://www.eeoc.gov/how-file-charge-employment-discrimination

Cases & Advocacy

To see Discrimination cases or advocacy which GLAD has been directly involved with in Maine, go to: https://www.glad.org/our-impact/cases/ and under “By Issue” click on “Discrimination” and under “By Location” click on “Maine.”

News & Press Releases

To see news and press releases about Discrimination in Maine, go to: https://www.glad.org/news/news-press/ and under “By Issue” click on “Discrimination” and under “By Location” click on “Maine.”

Discrimination | Credit, Lending & Services | Maine

Maine Credit, Lending & Services Q&A

Does Maine have an anti-discrimination law protecting LGBTQ+ individuals from discrimination in credit, lending and services?

These laws also prohibit discrimination against people living with HIV based on disability. For more information, see: HIV/AIDS – Know Your Rights – GLAD.

Does it also protect people perceived as LGBTQ+ in credit, lending and services?

Yes.The non-discrimination law specifically covers people who are perceived to be lesbian, gay, bisexual or transgender.

How does the Maine anti-discrimination law protect people with regard to credit?

It is unlawful credit discrimination for any creditor to refuse the extension of credit to any person solely on the basis of sexual orientation (5 Me. Rev. Stat. sec. 4596). The law requires that the Superintendent of Financial Institutions and the Superintendent of Consumer Credit Protection cooperate with the Maine Human Rights Commission in enforcing the credit anti-discrimination law (5 Me. Rev. Stat. sec. 4598).

How do I file a complaint of discrimination? What happens after I file?

If the Commissioner or investigator concludes:

there are no reasonable grounds, then it will dismiss the case, and the complainant may file a new case in the Superior Court (See generally 5 Me. Rev. Stat. sec. 4612);
there are reasonable grounds, then it will try to resolve the matter through settlement (5 Me. Rev. Stat. sec. 4612).

Do I need a lawyer?

Not necessarily. The process is designed to allow people to represent themselves. However, GLAD strongly encourages people to find a lawyer to represent them throughout the process. Not only are there many legal rules governing the MHRC process, but banks and other respondents will almost certainly have legal representation. GLAD Answers can provide referrals to attorneys in GLAD’s Lawyer Referral Service.

What are the deadlines for filing a complaint of discrimination?

What are the legal remedies for discrimination?

This is a complicated area and depends on a variety of factors, including the type of discrimination and its intersection with federal laws.

The relief ordered by a court may include an order for attorney’s fees, civil penal damages, cease and desist orders, and other relief that would fulfill the purposes of the anti-discrimination laws (e.g. training programs, posting of notices).

Can I claim discrimination on a basis other than sexual orientation?

Yes, but only if you are treated differently because of a personal characteristic protected by Maine law.

In credit, in addition to sexual orientation and gender identity and expression, the protected characteristics are age, race, color, sex, ancestry, religion, national origin and marital status.

Are there other options for filing a complaint for discrimination?

Possibly yes, depending on the facts of your particular situation.

State or Federal Court: After filing with the MHRC a person may decide to remove his or her discrimination case from those agencies and file in court. There are rules about when and how this must be done.

Consumer Complaint Division: File a complaint with the Maine Consumer Complaint Division. For more information see: Bureau of Consumer Credit Protection.

Bureau of Financial Institutions: File a complaint with the Maine Bureau of Financial Institutions. For more information see: Complaints : Bureau of Financial Institutions

What can I do to prepare myself before filing a complaint of discrimination?

Contact GLAD Answers by filling out the email form at GLAD Answers or by phone at 1-800-455-4523 (GLAD) to discuss options.

Some people prefer to meet with an attorney to evaluate the strength of their claims before filing a case. It is always helpful if you bring to your attorney an outline or diary of what happened on the job that you are complaining about. It is best if the information is organized by date and explains who the various players are (and how to get in touch with them), as well as what happened, who said what, and who was present for any important conversations or incidents. GLAD Answers can provide referrals to attorneys in GLAD’s Lawyer Referral Service.

Resources

For more information about the MHRC complaint process see:

For information about discrimination protections for people living with HIV, see: HIV/AIDS – Know Your Rights – GLAD.

Cases & Advocacy

News & Press Releases

Discrimination | Housing | Maine

Maine Housing Q&A

Does Maine have an anti-discrimination law protecting LGBTQ+ individuals from discrimination in housing?

The law provides protection against discrimination based on sexual orientation which is defined as “a person’s actual or perceived heterosexuality, bisexuality, homosexuality or gender identity or expression” (5 Me. Rev. Stat. sec. 4553 (9-C)).

These laws also prohibit discrimination against people living with HIV based on disability. For more information, see: HIV/AIDS – Know Your Rights – GLAD.

Does it also protect people perceived as LGBTQ+ in housing?

Yes. The non-discrimination law specifically covers people who are perceived to be lesbian, gay, bisexual or transgender.

What is prohibited by the housing anti-discrimination law in Maine?

The fair housing laws apply to any person with the right to sell, rent, lease or manage residential housing. It covers any transaction related to housing—including advertising, inquiring, showing, selling, renting, leasing, pricing, evicting, misrepresenting availability or asking price, or failing to communicate an offer (5 Me. Rev. Stat. sec. 4582. See also “Panel backs 2 men in housing complaint,” Bangor Daily News, Sept. 18, 2007 (discusses first case where the Maine Human Rights Commission “found reasonable grounds to a housing discrimination claim based on sexual orientation”))

The law declares that every individual has a basic civil right to secure decent housing in accordance with the individual’s right to pay and without discrimination because of sexual orientation (5 Me. Rev. Stat. sec. 4581).

Those who finance housing— whether financing for the acquisition, construction, rehabilitation, repair or maintenance of residential housing— are barred from discriminating.

Are any landlords exempt from the housing anti-discrimination law?

The following landlords are exempt from the law:

an owner-occupied 2-family dwelling;
an owner-occupied single family dwelling that rents not more than 4 rooms; and
a dwelling owned, controlled, or operated for other than a commercial purpose by a religious corporation that rents to its membership (5 Me. Rev. Stat. sec. 4553 (6)).

How do I file a complaint of discrimination? What happens after I file?

If the Commissioner or investigator concludes:

there are no reasonable grounds, it will dismiss the case, and the complainant may file a new case in the Superior Court (See generally 5 Me. Rev. Stat. sec. 4612);
there are reasonable grounds, it will try to resolve the matter through settlement (5 Me. Rev. Stat. sec. 4612).

Do I need a lawyer?

Not necessarily. The process is designed to allow people to represent themselves. However, GLAD strongly encourages people to find a lawyer to represent them throughout the process. Not only are there many legal rules governing the MHRC process, but landlords and other respondents will almost certainly have legal representation. Please call the GLAD Answers for help or for an attorney referral. GLAD Answers can provide referrals to attorneys in GLAD’s Lawyer Referral Service.

What are the deadlines for filing a complaint of discrimination?

What are the legal remedies for discrimination?

This is a complicated area and depends on a variety of factors, including the type of discrimination and its intersection with federal laws.

Can I claim discrimination on a basis other than sexual orientation?

Yes, but only if you are treated differently because of a personal characteristic protected by Maine law.

In housing, the protected characteristics are race, color, sex, physical or mental disability, religion, ancestry, national origin or familial status, as well as sexual orientation (5 Me. Rev. Stat. sec. 4582).

Can I also file a discrimination complaint with a federal agency?

Yes. Persons who identify as LGBTQ+ and believe they have experienced housing discrimination because of their actual or perceived sexual orientation or gender identity can assert their rights under the Fair Housing Act by filing a complaint with the U.S. Department of Housing and Urban Development (HUD). You can find more detailed information about the protections HUD provides to LGBTQ+ people here: https://www.hud.gov/program_offices/fair_housing_equal_opp/housing_discrimination_and_persons_identifying_LGBTQ+

There is information about filing a housing discrimination complaint with HUD here: File a Complaint – Main Page | HUD.gov / US Department of Housing and Urban Development (HUD).

The form for submitting a complaint can be found here: https://www.hud.gov/sites/documents/DOC_12150.PDF.

HUD views LGBTQ+ discrimination as a form of “sex” discrimination, so if you have a sexual orientation or gender identity complaint, you should indicate “sex” as the discrimination factor.

A HUD complaint must be filed within one year of the last act of discrimination. The statute of limitations for bringing fair housing complaints in federal courts is not later than two years after the occurrence or the termination of an alleged discriminatory housing practice. However, if an administrative case is filed with HUD, the statute of limitations is tolled during the period of time in which HUD is evaluating the complaint. In English, what that means is that the time HUD has the case does not count when calculating the two year statute of limitations.

Are there other options for filing a complaint for discrimination?

Possibly yes, depending on the facts of your particular situation.

State or Federal Court: After filing with the CHRO, HUD, or both, you may decide to remove your discrimination case from those agencies and file in court. There are rules about when and how this must be done. In addition, you may wish to bring a court case to address other claims which are not appropriately handled by discrimination agencies, e.g. if you landlord is not meeting his obligation to provide a safe living space.

What can I do to prepare myself before filing a complaint of discrimination?

Contact GLAD Answers by filling out the email form at GLAD Answers or by phone at 800-455-4523 (GLAD) to discuss options.

As a general matter, people who are still living under discriminatory conditions have to evaluate how filing a case will affect their housing, and if they are willing to assume those possible consequences. Of course, even if a person has been evicted, he or she may decide it is not worth it to pursue a discrimination claim. This is an individual choice which should be made after gathering enough information and advice to make an informed decision.

Some people prefer to meet with an attorney to evaluate the strength of their claims before filing a case. It is always helpful if you bring to your attorney an outline or diary of what happened. It is best if the information is organized by date and explains who the various players are (and how to get in touch with them), as well as what happened, who said what, and who was present for any important conversations or incidents. Bring a copy of your lease, along with any notices and letters you have received from your landlord. GLAD Answers can provide referrals to attorneys in GLAD’s Lawyer Referral Service.

Resources

For more information about the MHRC complaint process see:

For information about discrimination protections for people living with HIV, see: HIV/AIDS – Know Your Rights – GLAD.

For information about the HUD complaint process see:

Learn About the FHEO Complaint and Investigation Process | HUD.gov / US Department of Housing and Urban Development (HUD)

Cases & Advocacy

News & Press Releases

Violence & Harassment | Hate Crimes & Harassment | Maine

Maine Hate Crimes Q&A

Does Maine have a hate crimes law?

Maine has a hate crimes law that permits consideration of the nature of the crime during the sentencing phase (17-A Me. Rev. Stat. sec. 1151 (8)(B)). If the defendant selected a person or his or her property for criminal activity because of, among other things, sexual orientation, then that fact can be taken into account. The law, however, does not include gender identity or expression among the factors to be taken into consideration upon sentencing.

Where can I call if I think I’ve been a victim of a hate crime?

In addition to the local police, you may contact the Attorney General’s Civil Rights Unit at (207) 626-8800, or online at Office of the Maine AG: Civil Rights.

What additional protections against hate crimes and harassment exist in Maine law?

General Criminal Laws: Hate crimes are prosecuted under existing criminal laws, such as assault and battery, assault and battery with a dangerous weapon, murder, and so on. These generic laws do nothing to address the fact that an assault was hate-motivated, but they provide for criminal accountability, and the selection of a person (or his or her property) because of sexual orientation can then be considered in the sentencing phase.
“Civil Rights Law”: On the civil side, Maine law provides for civil remedies when a person violates another person’s state or federal rights in certain circumstances (5 Me. Rev. Stat. sec. 4682). This provision, known as the “Maine Civil Rights Act” specifically states that a “person has the right to engage in lawful activities” without being subject to the infliction or threat of physical force or violence or the damage, destruction or trespass of property, motivated by reason of sexual orientation (5 Me. Rev. Stat. sec. 4684-A). Contact local law enforcement or the Attorney General’s office if you have been a victim under this law as the State is the primary enforcer of this statute. More specifically, the law allows a person to bring a private action against someone who uses or threatens physical force or violence, damages, destroys or trespasses on property, or threatens to damage, destroy or trespass on property in a manner that intentionally interferes or attempts to interfere with another person’s exercise or enjoyment of their rights under state or federal law (5 Me. Rev. Stat. sec. 4681). If those elements are met, then a person may bring an action for legal and equitable relief. Aside from the possibility of recovering money damages, equitable relief means that the person suing can obtain an order forbidding the attacker from coming near him or her, whether at home, at work, in school, or even from telephoning him or her. Actions must be brought within 6 years, although moving promptly is always an advantage (14 Me. Rev. Stat. sec. 752). In addition to whatever relief a restraining order may provide, it is also important that violation of a restraining order is a criminal offense that can be prosecuted. You should report any violations of a restraining order to local police, and keep careful records of any and all violations. The Attorney General’s Office also has the power to bring civil rights actions on behalf of people who are harassed or threatened (5 Me. Rev. Stat. sec. 4681). The contact information is listed above.
Harassment Law: Maine law permits people to petition the District or Superior Court for an order preventing harassment (5 Me. Rev. Stat. sec. 4652). You need to be able to document at least three serious incidents of harassment. “Harassment” is defined as “any repeated act of intimidation, harassment, physical force or threat of physical force directed against any person, family, or their property or advocate with the intention of causing fear or intimidation or to deter free exercise or enjoyment of any rights or privileges secured by” the Constitution or laws of Maine or the United States. Under this law, a person may seek emergency orders, and later seek temporary orders, and ultimately seek final orders of protection. In addition, with final orders, a successful plaintiff may be awarded damages for direct losses caused by the harassment (e.g., lost earnings, property repair or replacement), reasonable moving expenses and court costs and attorney’s fees (5 Me. Rev. Stat. sec. 4655). Violation of a court restraining order is a criminal offense (5 Me. Rev. Stat. sec. 4659).

In what ways might the federal hate crimes law help to investigate and prosecute hate crimes?

The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act (see H.R. 2647 at Text – S.909 – 111th Congress (2009-2010): Matthew Shepard Hate Crimes Prevention Act) was passed by Congress on October 22, 2009 and was signed into law by President Obama on October 28, 2009. It expands the 1969 United States federal hate crime law to include crimes motivated by a victim’s actual or perceived gender, sexual orientation, gender identity or disability.

First, and perhaps foremost, the Act allows local and state law enforcement agencies to apply for the following federal assistance from the U.S. Attorney General:

investigative, technical, forensic or prosecutorial support for criminal investigations and prosecutions,
grants for extraordinary expenses associated with the investigation and prosecution of hate crimes, and
grants to combat hate crimes committed by juveniles.

In providing assistance to local and state authorities, the priorities are hate crimes:

where the offender(s) has committed crimes in more than one state, or
that occur in rural areas which do not have the resources needed to prosecute such crimes.

Second, for hate crimes that in some way involve crossing state or national borders, or involve or affect interstate commerce, and where a state does not have jurisdiction or has requested federal assumption of jurisdiction, or where the federal government feels that justice has not been served or that U.S. prosecution is in the public interest, the Act authorizes the federal government to prosecute the case.

The Act also requires the Federal Bureau of Investigation to track statistics on hate crimes on the basis of gender and gender identity (statistics for the other groups are already tracked) and on crimes committed by and against juveniles. This is the first federal law to explicitly extend legal protections to transgender persons.

Does Maine have an anti-bullying law that protects public school students?

Yes. See the topic area “Rights & Protections” in the Issue Area “Youth.”

Resources

U.S. Department of Justice information about Maine Hate Crimes: Maine | HATECRIMES | Department of Justice.

For more information about the enforcement of civil rights in Maine, see this FAQ from the Office of the Attorney General: Office of the Maine AG: Civil Rights FAQ.

Cases & Advocacy

To see Violence & Harassment cases or advocacy which GLAD has been directly involved with in Maine, go to: Cases and Advocacy – GLAD and under “By Issue” click on “Violence & Harassment” and under “By Location” click on “Maine.”

News & Press Releases

To see news and press releases about Violence & Harassment in Maine, go to: News & Press Releases – GLAD and under “By Issue” click on “Violence & Harassment” and under “By Location” click on “Maine.”

Violence & Harassment | Intimate Partner Violence | Maine

Maine Intimate Partner Violence Q&A

What is domestic violence?

Domestic violence may take many forms. Generally, domestic violence is a pattern of coercive behavior in which one person attempts to control another through threats or actual use of tactics, which may include any or all of the following: physical, sexual, verbal and psychological abuse.

Under the law, “abuse” means that any of the following have occurred between people who are “family, household members or dating partners”:

Attempting to cause or causing bodily injury or offensive physical contact;
Attempting to place or placing another in fear of bodily injury through any course of conduct, including, but not limited to, threatening, harassing or tormenting behavior;
Compelling, by force, threat of force, or intimidation, a person to engage in conduct, such as causing another to engage involuntarily in sexual relations by force, or to abstain from conduct in which they have a right to engage;
Restricting another person’s movement, by knowingly removing them from home, work or school, or moving them a substantial distance from where they were found, or confining the person;
Placing a person in reasonable fear that a crime will be committed by threatening them or another person that they will be committing a crime of violence against the person; or
Repeatedly and without reasonable cause following a person or being in the vicinity of their work, school or home (19-A Me. Rev. Stat. sec. 4002(1)).

Do the domestic violence laws apply to people in same-sex relationships?

Generally, yes. The definition of “family, household members and dating partners” includes married couples, domestic partners or former domestic partners, people who are or have “liv[ed] together as spouses”, people who are sexual partners or are living together (or did so previously), as well as individuals currently or formerly dating each other, whether or not the individuals are or were sexual partners (19-A Me. Rev. Stat. sec 4002). The law applies equally to all people, but the application depends upon the nature of the relationship of the people involved.

How do I get a court order protecting me from an abusive partner?

To get protection, go to the District Court in the community where you live or where the abuser lives. The court clerk will have a packet of information for you to complete. There is no fee, and there is a means of keeping your address confidential from the public. You will have to allege abuse as defined above, and indicate where you think the abuser/defendant can be found so that he or she can be served with (given a copy of) the court papers. If the courts are closed, contact your local police who will locate a judge to help. On this basis, you may receive a temporary order of protection good for up to 21 days. In order for those orders to be enforceable, the police must serve a copy on the defendant/abuser, and a defendant cannot be arrested for violating orders if he or she has not been given a copy of them. The orders can restrain the defendant from coming near you or your children, keep the defendant away from your home, and/or place of employment or contacting you at all, and determine child custody issues on a short-term basis.

Violation of a protection order is a criminal offense (see generally 19-A Me. Rev. Stat. sec. 4001 et seq).

The temporary orders will indicate the date set for the court hearing at which you can try to extend your court orders. At this point, the defendant will tell his or her side of the story as well, and you can be called upon to answer questions. At this stage, both parties often have attorneys. If the Court determines the defendant has made a credible threat to the physical safety of you or a child in your household, the relief may be extended for up to two years.

If for some reason you decide not to go through with the order, it is important to show up in court on your assigned date and ask that the case be dismissed.

In addition, Maine’s harassment law described below may be useful for people who are experiencing harassment from a partner of the same sex. An order preventing harassment can be taken out against anyone (5 Me. Rev. Stat. sec. 4651. See also http://www.courts.state.me.us/publications-other/pa_ph-1207.pdf)

Where can I go to get help?

In Maine, local domestic violence projects across the state provide direct services to victims of domestic violence. The Maine Coalition to End Domestic Violence (MCEDV) is a coalition of the nine domestic violence projects in the state. There is a statewide domestic violence helpline at 866-834-HELP (4357). This number will direct victims to support centers in their county. These support centers also provide court advocacy. MCEDV maintains information for same-sex partners on their website at Maine Coalition to End Domestic Violence.

In addition to the local police, there are several other hotlines and on-line resources:

Sexual Assault Support Hotline, (800) 871-7741 (statewide, 24-hours), a complete listing of local member sexual assault centers can be found at Maine Coalition Against Sexual Assault;
Office of the Maine Attorney General, 207-626-8800, Office of the Maine Attorney General.

Does domestic violence play a role in parental rights and responsibilities decisions?

Yes. It is a factor the court must consider in allocating parental rights and responsibilities, and courts may provide conditions upon an abuser seeing his or her children (see generally 19-A Me. Rev. Stat. sec. 1653 (6)).

Resources

MCEDV Publications and Reports: Publications & Reports | MCEDV | Augusta, Maine

Sexual Assault in the LGBTQ+ Community: Sexual Assault in the LGBTQ+ Community in Maine: You can get help | Pine Tree Legal Assistance

Elder Domestic and Sexual Abuse: Sexual & Domestic Abuse

NCADV Fact Sheet: Domestic Violence in MAINE

Know Your Rights: LGBTQ Rights in Maine

Discrimination

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Discrimination | Public Accommodations | Maine

Maine Public Accommodations Q&A

What is a place of public accommodation?

Does Maine have an anti-discrimination law protecting LGBTQ+ individuals from discrimination in places of public accommodation?

Does it also protect people perceived as LGBTQ+ in places of public accommodation?

What does the law say about discrimination in places of public accommodation?

How do I file a complaint of discrimination? What happens after I file?

Do I need a lawyer?

What are the deadlines for filing a complaint of discrimination?

What are the legal remedies for discrimination?

Can I claim discrimination on a basis other than sexual orientation?

Are there other options for filing a complaint for discrimination?

What can I do to prepare myself before filing a complaint of discrimination?

Resources

Cases & Advocacy

News & Press Releases

Employment | Discrimination | Maine

Maine Discrimination Q&A

Does Maine have an anti-discrimination law protecting LGBT individuals from discrimination in employment?

Does it also protect people perceived as LGBT in employment?

To whom does the non-discrimination law apply and what does it forbid?

Does the law apply to every employer?

Does Maine law forbid sexual harassment?

Are there any protections from sexual orientation harassment?

How do I file a complaint of discrimination? What happens after I file?

Do I need a lawyer?

What are the deadlines for filing a complaint of discrimination?

What are the legal remedies for discrimination?

Can I claim discrimination on a basis other than sexual orientation?

Can I also file a complaint a discrimination complaint with a federal agency?

Are there other options for filing a complaint for discrimination?

What can I do if my employer fires me for filing a complaint of discrimination?

What can I do to prepare myself before filing a complaint of discrimination?

Resources

Cases & Advocacy

News & Press Releases

Discrimination | Credit, Lending & Services | Maine

Maine Credit, Lending & Services Q&A

Does Maine have an anti-discrimination law protecting LGBTQ+ individuals from discrimination in credit, lending and services?

Does it also protect people perceived as LGBTQ+ in credit, lending and services?

How does the Maine anti-discrimination law protect people with regard to credit?

How do I file a complaint of discrimination? What happens after I file?

Do I need a lawyer?

What are the deadlines for filing a complaint of discrimination?

What are the legal remedies for discrimination?

Can I claim discrimination on a basis other than sexual orientation?

Are there other options for filing a complaint for discrimination?

What can I do to prepare myself before filing a complaint of discrimination?

Resources

Cases & Advocacy

News & Press Releases

Discrimination | Housing | Maine

Maine Housing Q&A

Does Maine have an anti-discrimination law protecting LGBTQ+ individuals from discrimination in housing?

Does it also protect people perceived as LGBTQ+ in housing?

What is prohibited by the housing anti-discrimination law in Maine?

Are any landlords exempt from the housing anti-discrimination law?

How do I file a complaint of discrimination? What happens after I file?

Do I need a lawyer?

What are the deadlines for filing a complaint of discrimination?

What are the legal remedies for discrimination?

Can I claim discrimination on a basis other than sexual orientation?

Can I also file a discrimination complaint with a federal agency?

Are there other options for filing a complaint for discrimination?

Resources

Cases & Advocacy

News & Press Releases

Violence & Harassment | Hate Crimes & Harassment | Maine

Maine Hate Crimes Q&A

Does Maine have a hate crimes law?

Where can I call if I think I’ve been a victim of a hate crime?