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”)).
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.
Yes. The non-discrimination law specifically covers people who are perceived to be lesbian, gay, bisexual or transgender.
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)).
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:
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).
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.
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)).
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).
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)).
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.
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.
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.
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.”
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.”
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 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.
Yes. The non-discrimination law specifically covers people who are perceived to be lesbian, gay, bisexual or transgender.
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)).
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.
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:
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)).
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:
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).
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:
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).
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 employers and other respondents will almost certainly have legal representation.
GLAD Answers can provide referrals to attorneys in GLAD’s Lawyer Referral Service.
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)).
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).
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).
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).
Possibly yes, depending on the facts of your particular situation.
In addition, a person may file a court case to address other claims that are not appropriately handled by discrimination agencies. For example:
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)).
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.
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
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.”
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.”
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.
Yes.The non-discrimination law specifically covers people who are perceived to be lesbian, gay, bisexual or transgender.
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).
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:
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).
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.
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)).
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 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).
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.
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
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.
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.
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.”
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.”
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 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.
Yes. The non-discrimination law specifically covers people who are perceived to be lesbian, gay, bisexual or transgender.
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.
The following landlords are exempt from the law:
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:
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).
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.
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)).
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).
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).
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.
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.
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:
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.”
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.”
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.
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.
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:
In providing assistance to local and state authorities, the priorities are hate 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.
Yes. See the topic area “Rights & Protections” in the Issue Area “Youth.”
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.
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.”
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.”
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”:
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.
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)
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:
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)).
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
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.”
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.”
Not necessarily. If the area is public and not posted as having particular hours, you generally have a right to be there as long as you are engaged in lawful activity. Public places belong to everyone. Even if police officers want to deter crime, or suspect some kind of unlawful intent, they have no general right to request people to move from one place to another unless there is unlawful conduct.
The presence of individuals who appear to be gay, lesbian, bisexual, or transgender— whether because such individuals are displaying symbols such as a rainbow flag or pink triangle or for any other reason— should not trigger any special scrutiny by a police officer, other than a concern for the safety and wellbeing of those persons that the officer would have for any other park or rest area patron.
Police may of course approach a person, and make inquiries, but even if a person has been convicted of a past offense, or fails to respond, or responds in a way which does not satisfy the officer, that alone is not grounds for the person to be arrested.
Brief intrusions upon a person are permitted if an officer can say why he or she is concerned and that concern is reasonable. For example, if an officer is concerned about someone’s safety, or suspects the person may have committed a crime, or suspects the person has committed a traffic infraction, then a stop is reasonable.
An arrest can only occur upon “probable cause” that a crime has been committed.
Complaints may be made to any individual police department for matters concerning its officers, and complaints to the Maine State Police may be made to the commanding officer of the alleged harasser. The contact person is Lieutenant Luce, Director of Internal Affairs (207) 624-7290. The State Police have a toll-free number at (800) 452-4664. The complaint should specify the name or badge number of the officer, and state whether the complaint is for actual misconduct, harassment or discrimination.
In some cases, an individual may decide to pursue a lawsuit — because of injuries, improper detainment, or for some other reason. These matters are highly specialized, and GLAD can provide you with attorney referrals. People can also register serious complaints with the Attorney General’s Office, Investigations Unit at (207) 626-8800.
ACLU Know Your Rights: Stopped by Police: Know Your Rights | Stopped by Police | American Civil Liberties Union.
To see Criminal Justice cases or advocacy which GLAD has been directly involved with in Maine, go to: Cases and Advocacy – GLAD and under “By Issue” click on “Criminal Justice” and under “By Location” click on “Maine.”
To see news and press releases about Criminal Justice in Maine, go to: News & Press Releases – GLAD and under “By Issue” click on “Criminal Justice” and under “By Location” click on “Maine.”
No, Maine long ago repealed its sodomy law. Moreover, in Lawrence v. Texas (2003), the U.S. Supreme Court struck down all sodomy laws, making clear that private, adult sexual conduct cannot be criminalized.
All people are subject to the criminal laws. Sex in public, or with underage persons, or without consent, or with force, are illegal. Sex for pay— as the customer or the provider— i.e., prostitution, is also illegal.
There is also an “indecent conduct” law that targets sexual activity or exposure which:
The penalties may be increased under the law if a person has two or more convictions for this offense.
The State has a legitimate law enforcement interest in protecting the general public from open displays of sexual activity— regardless of whether the sex is between people of the same sex or of different sexes— but socializing and expressions of same-sex affection are not illegal, regardless of where they occur. No one should be hassled or arrested for handholding, talking, flirting, or other non-sexual touching.
Sexual activity is not illegal simply because it takes place outdoors, in parked cars, or on public lands. However, as a practical matter, regardless of one’s rights, having sex in a public venue or outdoors is a risky business.
Based on numerous reports to us, we believe that some police will overlook sexual activity of non-gay people occurring in a public setting, but arrest gay people engaged in sexual activity in the same types of venues. Another concern is that some police “hunt” for gay people having sex outdoors in parklands and rest areas— sometimes in uniform and sometimes as undercover decoys. Either way, a person can be charged with indecent conduct.
Yes. Every state now has such a law, although the terms differ from state to state. Many states, including Maine, initially included as registrable offenses crimes for which gay men have been unfairly targeted. However, this is no longer the case in Maine. For example, violation of the Indecent Conduct law is not considered a registerable offense under Maine law.
To find out your criminal record, you can contact the State Bureau of Identification at (207) 624-7270 (voice) or (207) 287-3659 (TDD). You can also request information by mail if you send a check for $8 payable to the Treasurer of State along with a written request, your name, date of birth, and any aliases. The address is State Bureau of Identification, 45 Commerce Drive, Suite #1, Statehouse Station #42, Augusta, ME 04333. The website is http://www.informe.org/PCR/.
Generally, the age of consent for sexual activity is 16. School teachers and other school employees may be charged with sexual abuse of minors if they have sex with a student who is under age 18. A person who is at least 19 and has sex with a 14 or 15 year-old can be charged with sexual abuse of a minor if the adult is at least 5 years older than the minor.
Information About Maine Sex Offender Registry: Maine Sex Offender Registry
To see Criminal Justice cases or advocacy which GLAD has been directly involved with in Maine, go to: Cases and Advocacy – GLAD and under “By Issue” click on “Criminal Justice” and under “By Location” click on “Maine.”
To see news and press releases about Criminal Justice in Maine, go to: News & Press Releases – GLAD and under “By Issue” click on “Criminal Justice” and under “By Location” click on “Maine.”
When you first arrive at a new facility, an officer should conduct an “intake” with you. This is the best time for you to share if you are transgender or intersex. You can also tell the intake officer if you have a history of being “perceived”, or others seeing you as, transgender or intersex, or if you have recently had sex-reassignment procedures or any similar care. If you have already had sex reassignment surgery, then you should tell your intake officer immediately. Maine’s policy is that people who have had sex reassignment procedures should be housed in accordance with their gender as reassigned.
Once you tell the intake officer, they are responsible for contacting a person with the role of Chief Administrative Officer or someone who works for them. That intake officer should tell the Chief Administrative Officer if you are transgender or intersex. It is also possible that a defense attorney or prosecutor, a guardian, a department or jail staff member, or another officer of the court has already said that you are transgender or intersex. If someone else has told the facility, then the intake officer is still responsible for telling the Chief Administrative Officer even if you haven’t.
If the Chief Administrative Officer receives information from someone about your case before your first intake, then they might make a decision about your initial strip search and housing placement before you arrive.
If your initial strip search has not been done before your intake, then the Chief Administrative Officer should consider different factors, including your personal preference, about the gender of the officer who will conduct it. That Chief Administrative Officer will document the reasons for choosing a particular officer in your Corrections Information System (CORIS).
The Chief Administrative Officer or someone who works for them will also decide where the best place for your immediate housing is. They will make that decision based on different factors including your risk to safety. They should document all the reasons for their decision in your CORIS file. Your housing assignment might change after they conduct a more in-depth review. In the meantime, your strip searches will be conducted by staff members of the same gender as other people who are in the unit you are assigned to. If the Chief Administrative Officer wants to assign a different person to search you, they will put this in your CORIS file.
You should be given an opportunity to use the bathroom and shower privately until a full assessment takes place.
If you are already on hormonal medications when you enter the facility, you should be able to continue using them. You can continue to use them at least until you have an appointment with the facility’s physician, physician assistant, or nurse practitioner. Your facility has to follow a policy about this called the Adult Facility Policy 18.7: Pharmaceuticals.
The Chief Administrative Officer should notify the facility’s Health Services Administrator as soon as they can about your case. The Health Services Administrator should prioritize your case so that they can make a determination about whether or not you have received a diagnosis of “gender dysphoria”, have received hormonal treatment, have received transgender or intersex-related medical procedures, or any other relevant medical assistance.
In order to do that, the facility will probably ask you for a release of information to get your healthcare documents. If you want to say yes, they will be able to look through those documents and hopefully more quickly decide how to move forward with your case. The Chief Administrative Officer will then decide if you need an evaluation for “gender dysphoria” or an expedited medical health assessment. They may also look for information from Adult Community Corrections to request information about how long they have known you were transgender or intersex.
If there is a safety issue relating to being transgender or intersex, you should let officers at the facility know right away. This could include risks to safety of yourself or of another person. It also includes anything that would require a change from your immediate housing placement that was made by the Chief Administrative Officer when you entered. The facility staff should follow department policy that sets out what to do in a situation like this. That policy is called the Adult Facility Policy 15.1: Administrative Segregation Status.
Maine uses a definition for “Gender Dysphoria” from a book, written by doctors at the American Psychiatric Association, called the Diagnostic and Statistics Manual of Mental Disorders [Fifth Edition], or the “DSM-5”. The definition is:
A difference between a person’s experienced and expressed gender and their assigned gender that has taken place for at least six months. It must include two of the following:
Within 30 days of your report, the Chief Administrative Officer should put together a team to handle your case. People on that team should include your Unit Manager at your facility, the Health Services Administrator, the Department’s Medical Director, the Department’s Mental Health Director, a member of the facility’s security staff, a member of the facility’s classification staff, and the facility Prison Rape Elimination Act (PREA) monitor. There may be one or more other people on the team as well if the Chief Administrative Office thinks they should be. For example, they may contact the Chief Administrative Officer or Department’s Director of Classification at the facility where you could be transferred to.
The Prison Rape Elimination Act (PREA) is a federal law passed in 2003. Under PREA, rather than automatically assigning people to a facility, transgender and intersex people are assessed for potential safety threats and housed “on a case-by-case basis” according to gender identity. Correctional staff have to consider housing and program assignments at least twice a year to review any threats to safety experienced by transgender and intersex people living in prison.
According to the law, they also have to take into account your own view of your safety. They are not allowed to separate you for housing or other program placements based solely on your LGBT+ status.
PREA also protects “involuntary segregation”, or the removal of a person to a different housing assignment against their will. You cannot continue to be kept in a different part of the prison against your will unless prison officials have determined that there is no other way to keep you safe. They have to make that determination within the first 24 hours if they do place you in separate housing against your will. People cannot be segregated against their will for more than thirty days, and they must be given access to all of the same work, educational, and programming opportunities as any other person.
The team will make the following recommendations about your case:
The team should make these recommendations based on information available about your case. That includes things like whether or not you have a diagnosis for “gender dysphoria”, as well as any other relevant medical tests. If you haven’t had an assessment for “gender dysphoria” yet, then the team will decide if you need one. They will also decide if they want to request any other medical assessments.
In making decisions about your recommendations, the team will consider things like:
The Chief Administrative Officer or someone who works for them should make the final decision about the full team’s recommendations for your current facility. They will make decisions about your health care plan and transfer to another facility in conjunction with other people.
That final decision on the recommendations should be used to create a case plan for you. That plan might include an evaluation for “gender dysphoria”, for example. If it does, then you should be brought for an assessment for “gender dysphoria” or any other relevant medical assessment. Within 15 days of that assessment, the Chief Administrative Officer should share the results with your team and finalize its recommendations.
Even after that, the Chief Administrative Officer can also bring your team together periodically or any time appropriate to make further recommendations about your care. Any time that your team meets, as well as all of your recommendations, should be documented in your CORIS file.
Your unit management team is responsible for reassessing your case and housing situation at least every six months, or more frequently if it is necessary. If you experience threats or a change in safety, you should let an officer at your facility know. Your care team should give specific attention to any threats to safety you report.
It can be more difficult to request transfer if you’ve been in a facility for a while, but there is a procedure to do so. The main differences with asking for a transfer after you have already been in a facility are that, until a full review has been completed, you will not be placed in a different housing unit with people of a different gender than where you have been living. You will also not be given the opportunity to shower or use the bathroom privately.
The first step is to let staff at your facility know that you are transgender or intersex. From there, they should contact the Chief Administrative Officer of the facility. The Chief Administrative Officer should reach out to the Health Services Administrator as soon as possible after they receive your report. The process from there looks similar to what would have happened if you had requested the transfer from the beginning.
The Health Services Administrator should prioritize your case so that they can make a determination about whether or not you have received a diagnosis of “gender dysphoria”, have received hormonal treatment, have received transgender or intersex-related medical procedures, or any other relevant medical assistance.
In order to do that, the facility will need you to sign a “Release of Information” to get your healthcare documents. If you want to say yes, they will be able to look through those documents and hopefully more quickly decide how to move forward with your case. The Chief Administrative Officer will then decide if you need an evaluation for “gender dysphoria” or an expedited medical health assessment.
The Chief Administrative Officer will also ask staff at your facility and staff from other departments about whether they knew you were transgender or intersex or had perceived you to be before you made your own disclosure. They may reach out to the adult community corrections as well.
There are options if you don’t think that the Chief Administrative Officer or the team made the right decision about your custody level or if they did not approve a transfer. You can “appeal” this decision through the Classification Appeal Process. You can ask an officer for a copy of the Prisoner Appeal of Classification Decision form. Here is a link to Procedure J of the Classification System, which also describes the process.
To make an appeal, you have to submit the Prisoner Appeal of Classification Decision form within five business days of receiving your decision—this does not count weekend days or holidays. You should submit this form to the Department’s Director of Classification for custody level or facility transfer decisions, specifically. You should submit this form to the facility Chief Administrative Officer for all other classification issues.
Appealing the decision itself will not stop it from taking place, so you will have to remain housed in your current facility during the appeals process. Whoever you submitted your appeal to, such as the Department’s Director of Classification or the facility Chief Administrative Officer, should give you a decision about your appeal within 30 days. They can choose to approve the decision, reverse the decision, modify the decision, or “remand” the decision to the Unit Management Team (UMT) for further consideration. “Remanding” the decision means that the UMT will take over and decide what to do.
It is important to remember that the Department’s Director of Classification is the final authority for appeals about custody level or facility transfer. For all other appeals, the facility Chief Administrative Officer is the final authority.
If you want to appeal a decision made about your case that has to do with something besides custody and transfer, you can use the regular “grievance process” at your facility by filing a grievance.
All appeals will be put into your CORIS file.You can also find more information about Maine State Prison policies in this Handbook.
A “place of public accommodation” means “any school, restaurant, store, establishment or other facility at which services, facilities, goods, privileges, advantages, benefits, or accommodations are offered to the general public” (9 V.S.A. § 4501).
Yes. Vermont was among the first states to pass a comprehensive statewide law prohibiting sexual orientation discrimination in 1992 (See, e.g., 21 V.S.A. § 495 (employment)). “Sexual orientation” is defined as “female or male homosexuality, heterosexuality or bisexuality (1 V.S.A. § 143).
In May 2007, Vermont became the third state in New England to explicitly prohibit discrimination on the basis of gender identity (Public Act 41, An Act Relating to Prohibiting Discrimination on the Basis of Gender Identity, 2007-2008 Leg., Reg. Sess. (Vt. 2007)). The law defines gender identity as “an individual’s actual or perceived gender identity, or gender-related characteristics intrinsically related to an individual’s gender or gender-identity, regardless of the individual’s assigned sex at birth” (1 V.S.A § 144).
These laws also prohibit discrimination against people living with HIV based on disability. For more information, see: HIV/AIDS – Know Your Rights – GLAD.
As to sexual orientation, maybe.
As to gender identity, and as noted above, gender identity is defined as either “actual or perceived gender identity.” This language includes discrimination based upon perception.
Such places may not, on account of a person’s sexual orientation, gender identity, marital status, or other protected characteristic, “refuse, withhold from or deny to that person any of the accommodations, advantages, facilities and privileges of the place of public accommodation” (9 V.S.A. § 4502 (a)).
The protections based on marital status mean that a place of public accommodation may not discriminate against same-sex couples who are married or in a civil union (15 V.S.A. § 1204 (e)(7) (prohibitions against discrimination based on marital status apply equally to parties to a civil union). See also discussion of civil unions below). However, a religious organization or any nonprofit organization operated, supervised or controlled by a religious organization shall not be required to provide services, accommodations, advantages, facilities, goods or privileges relating to the solemnization or celebration of a marriage (9 V.S.A. § 4502(l)).
There is an exception to this rule, stating that this law does not prohibit an establishment that provides lodging to transient guests (i.e. hotels, inns) with five or fewer rooms from restricting its accommodations based on sex or marital status (9 V.S.A. § 4502 (d)).
Public, independent, and post-secondary schools in Vermont are considered public accommodations and so students are protected from discrimination on the basis of sexual orientation and gender identity.
Where you file a complaint depends on the type of discrimination you have experienced (i.e. employment, housing, credit, etc.) and whether the party you are complaining against is a state agency. Sometimes you have more that one option about where to file.
For Public Accommodations (as well as State Employment or Housing):
The Vermont Human Rights Commission
14-16 Baldwin Street
Montpelier, VT 05633-6301
(800) 416-2010
(802) 828-1625
(802) 828-2481 (fax)
human.rights@vermont.gov
A complaint may be filed under oath in person, in writing, by fax or by e-mail stating the facts concerning the alleged discrimination.
Not necessarily. The processes at all of these agencies are designed to allow people to represent themselves. However, GLAD strongly encourages people to find lawyers to represent them throughout any of these proceedings, as well as if you choose to file a claim directly in the Superior Court. Not only are there many legal rules governing these processes, but employees and other defendants are likely to have legal representation.
Complaints of discrimination with the Vermont Human Rights Commission must be filed within one year of the last discriminatory act or acts (Code of Vermont Rules 80-250-001, Rule 2). The Attorney General’s Civil Rights Unit also has a policy of requiring complaints to be filed within one year. If you are going to bring a case directly in Superior Court, you should file within three years of the last discriminatory act, although under certain circumstances you may be able to file after that time. There are very few exceptions for lateness, and GLAD encourages people to move promptly in filing claims.
If you file with the Human Rights Commission, Commission staff will review your complaint to see if it meets the basic requirements for filing a discrimination claim. If they decide to investigate, a copy of your complaint is sent to the party against whom the complaint has been filed— the respondent— who has to respond to the allegations within fourteen (14) days (Code of Vermont Rules 80-250-001, Rule 10). The Commission then assigns an investigator, who will look into your claims to see if there are reasonable grounds to believe that you have been discriminated against. In doing so, the investigator may examine and copy records and documents, and conduct interviews of all relevant parties and witnesses. The five Commissioners appointed by the governor then decide whether there are reasonable grounds to credit your allegations (9 V.S.A. §§ 4551(a) and 4554(d) – (e)).
The Human Rights Commission allows the parties to engage in voluntary settlement discussions to resolve the case at any point during the investigative process. If these efforts fail, at the end of the investigation the Human Rights Commission issues findings stating whether there was a violation of law.
If reasonable grounds are found, the Commission will send the case for “conciliation” or settlement proceedings, unless the Commission finds an emergency. If negotiations fail to produce a settlement agreeable to all parties within six months, the Commission will either file a claim against the respondent in the Superior Court or dismiss the proceedings, unless the parties agree to an extension in order to complete ongoing negotiations (9 V.S.A. § 4554(e); Code of Vermont Rules 80-250-001, Rules 31-32).
If reasonable grounds of unlawful discrimination are not found, the case will be dismissed at the Commission (9 V.S.A. § 4554(d
At this point, or at any point in the process at the Commission, you may decide to file a case in court. It is crucial to always keep in mind the deadlines for filing such a case, as discussed above. If you do so while an investigation is pending at the Commission, the Commission will administratively dismiss the investigation although the Commission may file its own complaint regarding the matter or intervene in your court action (Code of Vermont Rules 80-250-001, Rule 27).
In public accommodations (and housing) cases, remedies may include injunctive relief, compensatory damages (expenses actually incurred because of unlawful action), and punitive damages (9 V.S.A. § 4506(a)). In addition, criminal penalties of fines up to $1000 may be imposed (9 V.S.A. § 4507).
In all of these cases, the court may grant attorney’s fees, cost (9 V.S.A. §4506(b)(public accommodations and housing); 21 V.S.A. §495b(2)(employment)) and other appropriate relief that is consistent with the purposes of the anti-discrimination laws (e.g. training programs, posting of notices, allowing person non-discriminatory access to and use of public accommodation).
Yes. The state anti-discrimination laws for employment forbid taking any action against someone because of sexual orientation and gender identity, as well as race, color, religion, national origin, sex, ancestry, place of birth, age, disability, HIV-related blood testing, family leave, and workers’ compensation. In public accommodations, the criteria are expanded to include marital status, but do not include age, ancestry and place of birth. In housing, the criteria are expanded to include intending to occupy a dwelling with one or more minor children and receipt of public assistance, but do not include ancestry and place of birth.
Possibly, depending on the facts of your particular situation. This publication concerns only Vermont anti-discrimination law, and you may well have other rights.
State or Federal Court: After or instead of filing with the Commission, you may decide to file the case in court. You may file in state court at any point within the time limitations, as discussed above
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 to bring the attorney an outline of what happened, organized by date and with an explanation of who the various players are (and how to get in touch with them). GLAD Answers can provide referrals to attorneys in GLAD’s Lawyer Referral Service.
For more information about the Human Rights Commission complaint process see: Filing a Complaint | Human Rights Commission
For information about discrimination protections for people living with HIV, see: HIV/AIDS – Know Your Rights – GLAD
To see Discrimination cases or advocacy which GLAD has been directly involved with in Vermont, go to: Cases and Advocacy – GLAD and under “By Issue” click on “Discrimination” and under “By Location” click on “Vermont.”
To see news and press releases about Discrimination in Vermont, go to: News & Press Releases – GLAD and under “By Issue” click on “Discrimination” and under “By Location” click on “Vermont.”
Yes. Vermont was among the first states to pass a comprehensive statewide law prohibiting sexual orientation discrimination in 1992 (See, e.g., 21 V.S.A. § 495 (employment)). “Sexual orientation” is defined as “female or male homosexuality, heterosexuality or bisexuality (1 V.S.A. § 143).
In May 2007, Vermont became the third state in New England to explicitly prohibit discrimination on the basis of gender identity (Public Act 41, An Act Relating to Prohibiting Discrimination on the Basis of Gender Identity, 2007-2008 Leg., Reg. Sess. (Vt. 2007)). The law defines gender identity as “an individual’s actual or perceived gender identity, or gender-related characteristics intrinsically related to an individual’s gender or gender-identity, regardless of the individual’s assigned sex at birth” (1 V.S.A § 144).
These laws also prohibit discrimination against people living with HIV based on disability. For more information, see: HIV/AIDS – Know Your Rights – GLAD
As to sexual orientation, maybe. Although the anti-discrimination laws themselves do not distinguish between actual and perceived sexual orientation, the questionnaire used by the Civil Rights Unit of the Attorney General’s Office allows people to complain of discrimination on account of both sexual orientation and perceived sexual orientation. However, the Human Rights Commission does not make this distinction in its employment complaint form. There is no case law on this.
As to gender identity, and as noted above, gender identity is defined as either “actual or perceived gender identity.” This language includes discrimination based upon perception.
The non-discrimination law prohibits any employer, employment agency or labor organization from discriminating against any individual because of his or her sexual orientation or gender identity (21 V.S.A. § 495 (a)(1)). This applies to both private and government employers and covers most significant job actions, such as hiring, firing, failure to promote, demotion, excessive discipline, harassment and different treatment of the employee and similarly situated co-workers (21 V.S.A. § 495 (a); § 495d(1) (definition of employer)).
In addition, employment agencies may not participate in discrimination by refusing to classify or refer their customers for employment or otherwise discriminate because of sexual orientation or gender identity. Unions may not deny union membership or otherwise discriminate against its members because of sexual orientation or gender identity (21 V.S.A. § 495 (a)(4)).
The law also forbids these entities from advertising in such a way as to restrict employment or membership because of sexual orientation or gender identity (21 V.S.A. § 495 (a)(2)).
No. As broad as the law is, there are exceptions to its application.
Yes. Sexual harassment is specifically prohibited under the law. Vermont law defines sexual harassment as a form of sex discrimination that means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
Because sexual harassment is a form of sex discrimination, a claim of harassment can be pursued in the same ways as other discrimination claims, as discussed below.
In addition to prohibiting sexual harassment, Vermont law requires all employers, employment agencies and labor organizations to ensure a workplace free of sexual harassment by adopting a policy against sexual harassment, posting a notice outlining that policy, and providing all employees an individual written copy of the policy (21 V.S.A. § 495h).
It is as unlawful to sexually harass a gay, lesbian, bisexual or transgender person as it is to harass anyone else. Some harassment is specifically anti-gay and may be more fairly characterized as harassment on the basis of sexual orientation. Other harassment is because of the person’s actual or perceived gender identity and may be characterized as harassment on the basis of gender identity. Still other harassment is sexual in nature and more appropriately categorized as sexual harassment. All these types of harassment can happen to the same person, and all are forbidden under Vermont state law.
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, 523 U.S. 75, 118 S.Ct. 998 (1998) (man can sue for sexual harassment by other men under federal sexual harassment laws)).
Where you file a complaint depends on the type of discrimination you have experienced (i.e. employment, housing, credit, etc.) and whether the party you are complaining against is a state agency. Sometimes you have more than one option about where to file.
State Employment (as well as Public Accommodations or Housing):
The Vermont Human Rights Commission
14-16 Baldwin Street
Montpelier, VT 05633-6301
(800) 416-2010
(802) 828-1625
(802) 828-2481 (fax)
human.rights@vermont.gov
A complaint may be filed under oath in person, in writing, by fax or by e-mail stating the facts concerning the alleged discrimination.
General Employment:
If you believe you have been discriminated against by a party other than the state (for example, a private business or a town), you may file a complaint under oath with the:
Civil Rights Unit
Vermont Attorney General’s Office
109 State Street
Montpelier, VT 05609-1001
(888) 745-9195 (Toll Free in Vermont Only)
(802) 828-3657
(802) 828-3665 (TTY)
(802) 828-2154 (fax)
ago.civilrights@vermont.gov
Complaining parties must complete a questionnaire, which the Civil Rights Unit will send to you or you can find at STATE OF VERMONT OFFICE OF THE ATTORNEY GENERAL EMPLOYMENT DISCRIMINATION QUESTIONNAIRE CIVIL RIGHTS UNIT
Not necessarily. The processes at all of these agencies are designed to allow people to represent themselves. However, GLAD strongly encourages people to find lawyers to represent them throughout any of these proceedings, as well as if you choose to file a claim directly in the Superior Court. Not only are there many legal riles governing these processes, but employees and other defendants are likely to have legal representation. GLAD Answers can provide referrals to attorneys in GLAD’s Lawyer Referral Service.
Complaints of discrimination with the Vermont Human Rights Commission (HRC) must be filed within one year of the last discriminatory act or acts (Code of Vermont Rules 80-250-001, Rule 2). The Attorney General’s Civil Rights Unit (CRU) also has a policy of requiring complaints to be filed within one year. If you are going to bring a case directly in Superior Court, you should file within three years of the last discriminatory act, although under certain circumstances you may be able to file after that time. There are very few exceptions for lateness, and GLAD encourages people to move promptly in filing claims.
Yes. The state anti-discrimination laws for employment forbid taking any action against someone because of sexual orientation and gender identity, as well as race, color, religion, national origin, sex, ancestry, place of birth, age, disability, HIV-related blood testing, family leave, and workers’ compensation. In public accommodations, the criteria are expanded to include marital status, but do not include age, ancestry and place of birth. In housing, the criteria are expanded to include intending to occupy a dwelling with one or more minor children and receipt of public assistance, but do not include ancestry and place of birth.
If you file with the Human Rights Commission, Commission staff will review your complaint to see if it meets the basic requirements for filing a discrimination claim. If they decide to investigate, a copy of your complaint is sent to the party against whom the complaint has been filed — the respondent — who has to respond to the allegations within fourteen (14) days (Code of Vermont Rules 80-250-001, Rule 10). The Commission then assigns an investigator, who will look into your claims to see if there are reasonable grounds to believe that you have been discriminated against. In doing so, the investigator may examine and copy records and documents, and conduct interviews of all relevant parties and witnesses. The five Commissioners appointed by the governor then decide whether there are reasonable grounds to credit your allegations (9 V.S.A. §§ 4551(a) and 4554(d) – (e)).
If you file a complaint with the Civil Rights Unit (CRU), the process is very similar., and is described in detail on the CRU’s website: Civil Rights Unit Process – Office of the Vermont Attorney General
The Human Rights Commission and the CRU both allow the parties to engage in voluntary settlement discussions to resolve the case at any point during the investigative process. If these efforts fail, at the end of the investigation the Human Rights Commission or the CRU issues findings stating whether there was a violation of law.
If reasonable grounds are found, the Commission will send the case for “conciliation” or settlement proceedings, unless the Commission finds an emergency. If negotiations fail to produce a settlement agreeable to all parties within six months, the Commission will either file a claim against the respondent in the Superior Court or dismiss the proceedings, unless the parties agree to an extension in order to complete ongoing negotiations (9 V.S.A. § 4554(e); Code of Vermont Rules 80-250-001, Rules 31-32).
Similarly, if the CRU finds a violation of law, the respondent will be asked to engage in settlement negotiations to try to resolve the case. If these negotiations fail, the CRU may file a complaint against the respondent in Superior Court.
If reasonable grounds of unlawful discrimination are not found, the case will be dismissed at the Commission (9 V.S.A. § 4554(d)). If the CRU finds no violation of law, the file will be closed.
At this point, or at any point in the process at the Commission or the CRU, you may decide to file a case in court. It is crucial to always keep in mind the deadlines for filing such a case, as discussed above. If you do so while an investigation is pending at the Commission, the Commission will administratively dismiss the investigation although the Commission may file its own complaint regarding the matter or intervene in your court action (Code of Vermont Rules 80-250-001, Rule 27).
The remedies for a successful complainant may include, for employment cases, hiring, reinstatement or upgrading, back pay, front pay, restitution of wages or other benefits, damages, including those for emotional distress, civil penalties (where applicable), and punitive damages (21 V.S.A. § 495b).
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: 17-1618 Bostock v. Clayton County (06/15/2020), the Supreme Court held that firing individuals because of their sexual orientation or transgender status violates Title VII’s prohibition on discrimination because of sex. For more information on how the EEOC enforces discrimination against LGBT employees, see: Sexual Orientation and Gender Identity (SOGI) Discrimination | US Equal Employment Opportunity Commission.
GLAD recommends that, where there may be overlapping state and federal jurisdiction, you explore filing with the HRC or CRU 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 the HRC or CRU 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 HRC or CRU 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 HRC or CRU has terminated the case (34 United States Code 42 sec. 2000e-5(e)(1)). If you want to cross-file with the EEOC, you submit your complaint to the HRC or CRU within 300 days and not the usual 1 year. (People who work for federal agencies are beyond the scope of this publication.)
Possibly, depending on the facts of your particular situation. This publication concerns only Vermont anti-discrimination law, and you may well have other rights.
In addition, you may file a court case to address other claims that are not appropriately handled by discrimination agencies, such as when you are fired in violation of a contract, fired without the progressive discipline promised in an employee handbook, or fired for doing something the employer doesn’t like but that the law requires. Similarly, if you have a claim for a violation of constitutional rights – for instance, if you are a teacher or a governmental employee who believes his or her free speech or equal protection rights were violated – then those matters must also be heard in court.
It is illegal to retaliate against someone for filing a discrimination claim, and you could file an additional complaint against the employer or landlord for retaliation. “Retaliation” protections cover those who participate in proceedings, or otherwise oppose unlawful conduct. If the employer or landlord takes action against an employee or tenant because of that conduct, then the employee or tenant can state a claim of retaliation (9 V.S.A. § 4506(e)(retaliation prohibited in public accommodations and housing); 21 V.S.A. § 495(a)(8) (retaliation prohibited in employment). See also Provencher v. CVS Pharmacy, 145 F.3d 5 (1st Cir. 1998) (upholding federal retaliation claim by a gay man who had brought a sexual harassment claim under Federal Title VII)).
Contact GLAD Answers by filling out the email form at GLAD Answers or by phone at 1-800-455-4523 (GLAD) to discuss options.
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 will be able to handle those possible consequences. Of course, even if a person has been fired, they 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 to bring the attorney an outline of what happened, organized by date and with an explanation of who the various players are (and how to get in touch with them). Try to have on hand copies of your employee handbooks or personnel manuals, as well as any contracts, job evaluations, memos, discharge letters and the like. GLAD Answers can provide referrals to attorneys in GLAD’s Lawyer Referral Service.
For more information about the employment complaint process see:
For information about discrimination protections for people living with HIV, see: https://www.glad.org/issues/hivaids/.
For more information about filing an EEOC discrimination complaint see: How to File a Charge of Employment Discrimination.
To see Discrimination cases or advocacy which GLAD has been directly involved with in Vermont, go to: Cases and Advocacy – GLAD and under “By Issue” click on “Discrimination” and under “By Location” click on “Vermont.”
To see news and press releases about Discrimination in Vermont, go to: News & Press Releases – GLAD and under “By Issue” click on “Discrimination” and under “By Location” click on “Vermont.”
Yes. Vermont was among the first states to pass a comprehensive statewide law prohibiting sexual orientation discrimination in 1992 (See, e.g., 21 V.S.A. § 495 (employment)). “Sexual orientation” is defined as “female or male homosexuality, heterosexuality or bisexuality (1 V.S.A. § 143).
In May 2007, Vermont became the third state in New England to explicitly prohibit discrimination on the basis of gender identity (Public Act 41, An Act Relating to Prohibiting Discrimination on the Basis of Gender Identity, 2007-2008 Leg., Reg. Sess. (Vt. 2007)). The law defines gender identity as “an individual’s actual or perceived gender identity, or gender-related characteristics intrinsically related to an individual’s gender or gender-identity, regardless of the individual’s assigned sex at birth” (1 V.S.A § 144).
These laws also prohibit discrimination against people living with HIV based on disability. For more information, see: HIV/AIDS – Know Your Rights – GLAD.
As to sexual orientation, maybe.
As to gender identity, and as noted above, gender identity is defined as either “actual or perceived gender identity.” This language includes discrimination based upon perception.
Vermont 8 V.S.A. § 10403 prohibits discrimination by financial service providers based on sex, marital status, race, color, religion, national origin, age, sexual orientation, gender identity, or disability.
The law applies to financial institutions regulated by the Vermont Department of Financial Regulation that deny, revoke or terminate “credit services” for a discriminatory reason. “Credit services” include credit cards, personal loans, mortgage loans and commercial loans.
To implement this law, the Department of Financial Regulation promulgated a rule (B-2015-01) that focuses on the notice that is required when adverse action is taken by a financial institution against an applicant. When adverse action is taken, the financial institution is required to provide the applicant with a written statement of reasons for the action.
For commercial credit transactions, the statement of reasons must contain the specific reasons for the adverse action and must cite documentation or business judgment that supports the adverse action.
In addition, Vermont law provides specific non-discrimination provisions with regard to the issuance of motor vehicle retail installment contracts (9 V.S.A. § 2410), and agricultural finance leases (9 V.S.A. § 2362).
Example: GLAD brought and won a claim against a credit union that refused to allow a feminine appearing man to apply for a loan until he came back looking more masculine. A federal court ruled that this constituted a claim of sex discrimination in violation of the credit non-discrimination laws (9 V.S.A. § 2488).
Vermont law prohibits discrimination against an applicant for insurance or an insured person based on sexual orientation, gender identity, marital status, or sex with regard to underwriting standards and practices, eligibility requirements, and rates (8 V.S.A. § 4724(7)(B)(i) and (ii)).
Insurers are also prohibited from directly or indirectly investigating or inquiring as to an applicant’s, insured’s or beneficiary’s sexual orientation or gender identity in an application for insurance coverage or in connection with an application, as well as from using information about gender, marital status, medical history, occupation, living arrangements, beneficiaries, zip codes or other territorial designations to determine sexual orientation or gender identity (8 V.S.A. § 4724(7)(C)(i)).
Insurers may not use sexual orientation, gender identity, or beneficiary designation in the underwriting process or in determining eligibility for insurance (8 V.S.A. § 4724(7)(C)(ii)).
In addition, state-regulated insurers may not discriminate between married couples and parties to a civil union with regard to offering insurance benefits to a couple, a spouse, a party to a civil union, or their families (8 V.S.A. § 4724(7)(E)).
Yes, if you are discriminated against based on more than one of the protected characteristics, you can file a complaint based on all of those characteristics. For example, if you are discriminated against because you are transgender and a Latina, you can file a complaint based on both of those characteristics.
Where you file a complaint depends on the type of discrimination you have experienced (i.e. employment, housing, credit, etc.) and whether the party you are complaining against is a state agency. Sometimes you have more than one option about where to file
If you believe you have been discriminated against in the provision of credit services or retail installment contracts by a bank, credit union, mortgage broker, sales finance company, debt adjuster or money service, OR
If you believe you have been discriminated against by an insurance company or agent, including auto, homeowners, life, annuity, major medical, dental, long-term care or Medicare supplement.
You may file a complaint with the Vermont Department of Financial Regulation. There are links for filing a complaint at: File a Complaint or Ask for Help | Department of Financial Regulation or you can contact the Department at:
Department of Financial Regulation
Consumer Services
89 Main Street
Montpelier, VT 05620-3101
802-828-3301
833-DFR-Hotline (toll free)
If you believe you have been discriminated against with regard to an agricultural finance lease, you may file a complaint at: Vermont Attorney General’s Consumer Assistance Program at UVM OR contact:
Office of the Attorney General
Consumer Assistance Program
109 State Street
Montpelier, VT 05609-1001
(802) 656-3183
(800) 649-2424 (toll free)
ago.civilrights@vermont.gov
OR you can file a lawsuit with the Superior Court of the county where the alleged discrimination occurred.
Not necessarily. The processes at all of these agencies are designed to allow people to represent themselves. However, GLAD strongly encourages people to find lawyers to represent them throughout any of these proceedings, as well as if you choose to file a claim directly in the Superior Court. Not only are there many legal rules governing these processes, but banks and other defendants are likely to have legal representation. GLAD Answers can provide referrals to attorneys in GLAD’s Lawyer Referral Service.
Contact GLAD Answers by filling out the email form at GLAD Answers or by phone at 800-455-GLAD (4523) to talk about options.
Some people prefer to meet with an attorney to evaluate the strength of their claims before filing a case. It is always helpful to bring the attorney an outline of what happened, organized by date and with an explanation of who the various players are (and how to get in touch with them). GLAD Answers can provide referrals to attorneys in GLAD’s Lawyer Referral Service.
Discrimination in Banking & Insurance: 10403. Prohibition on discrimination based on sex, marital status, race, color, religion, national origin, age, sexual orientation, gender identity, or disability.
Non-Discrimination in Financial Services: Non-Discrimination in Financial Services.
To see Discrimination cases or advocacy which GLAD has been directly involved with in Vermont, go to: Cases and Advocacy – GLAD and under “By Issue” click on “Discrimination” and under “By Location” click on “Vermont.”
To see news and press releases about Discrimination in Vermont, go to: News & Press Releases – GLAD and under “By Issue” click on “Discrimination” and under “By Location” click on “Vermont.”
Yes. Vermont was among the first states to pass a comprehensive statewide law prohibiting sexual orientation discrimination in 1992 (See, e.g., 21 V.S.A. § 495 (employment)). “Sexual orientation” is defined as “female or male homosexuality, heterosexuality or bisexuality (1 V.S.A. § 143).
In May 2007, Vermont became the third state in New England to explicitly prohibit discrimination on the basis of gender identity (Public Act 41, An Act Relating to Prohibiting Discrimination on the Basis of Gender Identity, 2007-2008 Leg., Reg. Sess. (Vt. 2007)). The law defines gender identity as “an individual’s actual or perceived gender identity, or gender-related characteristics intrinsically related to an individual’s gender or gender-identity, regardless of the individual’s assigned sex at birth” (1 V.S.A § 144).
These laws also prohibit discrimination against people living with HIV based on disability. For more information, see: HIV/AIDS – Know Your Rights – GLAD.
As to sexual orientation, maybe.
As to gender identity, and as noted above, gender identity is defined as either “actual or perceived gender identity.” This language includes discrimination based upon perception.
The housing laws prohibit discrimination based on sexual orientation or gender identity in transactions relating to residential housing— including buying, selling, renting, negotiating, listing, advertising, inspecting, or financing— and in the terms, conditions, privileges, services or facilities connected to those transactions (9 V.S.A. § 4501(5)(definition of “dwelling”) and § 4503(a)(setting forth unlawful practices). Also, mobile home park owners are prohibited from discriminating on the basis of sexual orientation or gender identity (10 V.S.A. § 6236 (e)(3)).
The housing law also prohibits discrimination based on marital status, and therefore applies to discrimination against same-sex couples who are married or in a civil union (15 V.S.A. § 1204 (e)(7)).
In addition, it is unlawful to coerce, intimidate, or threaten a person regarding a housing matter, or interfere with a person’s ability to exercise their rights to be free from discrimination in housing (9 V.S.A. § 4506(e)).
There are two main exemptions from the law. One allows owners to disregard the law when the owner or a member of the owner’s immediate family resides in the building and the building has three units or less (9 V.S.A. § 4504 (2)).
The other exemption applies to religious institutions and the nonprofit institutes they operate, supervise or control. When such religious entities own or operate a dwelling for non-commercial purposes, they may give preference to persons of the same religion. These kinds of religious restrictions or preferences must be stated in the written policies and procedures of the religious entity (9 V.S.A. § 4504 (5)).
Where you file a complaint depends on the type of discrimination you have experienced (i.e. employment, housing, credit, etc.) and whether the party you are complaining against is a state agency. Sometimes you have more than one option about where to file.
For Housing (as well as State Employment or Public Accommodations):
The Vermont Human Rights Commission
14-16 Baldwin Street
Montpelier, VT 05633-6301
(800) 416-2010
(802) 828-1625
(802) 828-2481 (fax)
human.rights@vermont.gov
A complaint may be filed under oath in person, in writing, by fax or by e-mail stating the facts concerning the alleged discrimination.
Not necessarily. The processes at all of these agencies are designed to allow people to represent themselves. However, GLAD strongly encourages people to find lawyers to represent them throughout any of these proceedings, as well as if you choose to file a claim directly in the Superior Court. Not only are there many legal rules governing these processes, but landlords and other defendants are likely to have legal representation. GLAD Answers can provide referrals to attorneys in GLAD’s Lawyer Referral Service.
Complaints of discrimination with the Vermont Human Rights Commission must be filed within one year of the last discriminatory act or acts (Code of Vermont Rules 80-250-001, Rule 2). If you are going to bring a case directly in Superior Court, you should file within three years of the last discriminatory act, although under certain circumstances you may be able to file after that time. There are very few exceptions for lateness, and GLAD encourages people to move promptly in filing claims.
If you file with the Human Rights Commission, Commission staff will review your complaint to see if it meets the basic requirements for filing a discrimination claim. If they decide to investigate, a copy of your complaint is sent to the party against whom the complaint has been filed— the respondent— who has to respond to the allegations within fourteen (14) days (Code of Vermont Rules 80-250-001, Rule 10). The Commission then assigns an investigator, who will look into your claims to see if there are reasonable grounds to believe that you have been discriminated against. In doing so, the investigator may examine and copy records and documents, and conduct interviews of all relevant parties and witnesses. The five Commissioners appointed by the governor then decide whether there are reasonable grounds to credit your allegations (9 V.S.A. §§ 4551(a) and 4554(d) – (e)).
The Human Rights Commission allows the parties to engage in voluntary settlement discussions to resolve the case at any point during the investigative process. If these efforts fail, at the end of the investigation the Human Rights Commission issues findings stating whether there was a violation of law.
If reasonable grounds are found, the Commission will send the case for “conciliation” or settlement proceedings, unless the Commission finds an emergency. If negotiations fail to produce a settlement agreeable to all parties within six months, the Commission will either file a claim against the respondent in the Superior Court or dismiss the proceedings, unless the parties agree to an extension in order to complete ongoing negotiations (9 V.S.A. § 4554(e); Code of Vermont Rules 80-250-001, Rules 31-32).
If reasonable grounds of unlawful discrimination are not found, the case will be dismissed at the Commission (9 V.S.A. § 4554(d)).
At this point, or at any point in the process at the Commission, you may decide to file a case in court. It is crucial to always keep in mind the deadlines for filing such a case, as discussed above. If you do so while an investigation is pending at the Commission, the Commission will administratively dismiss the investigation although the Commission may file its own complaint regarding the matter or intervene in your court action (Code of Vermont Rules 80-250-001, Rule 27).
In housing (and public accommodations) cases, remedies may include injunctive relief, compensatory damages (expenses actually incurred because of unlawful action), and punitive damages (9 V.S.A. § 4506(a)). In addition, criminal penalties of fines up to $1000 may be imposed (9 V.S.A. § 4507).
In all of these cases, the court may grant attorney’s fees, cost (9 V.S.A. §4506(b)(public accommodations and housing); 21 V.S.A. §495b(2)(employment)) and other appropriate relief that is consistent with the purposes of the anti-discrimination laws (e.g. training programs, posting of notices, allowing person non-discriminatory access to and use of public accommodation).
Yes. The state anti-discrimination laws for employment forbid taking any action against someone because of sexual orientation and gender identity, as well as race, color, religion, national origin, sex, ancestry, place of birth, age, disability, HIV-related blood testing, family leave, and workers’ compensation. In public accommodations, the criteria are expanded to include marital status, but do not include age, ancestry and place of birth. In housing, the criteria are expanded to include intending to occupy a dwelling with one or more minor children and receipt of public assistance, but do not include ancestry and place of birth.
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: https://www.hud.gov/program_offices/fair_housing_equal_opp/online-complaint.
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.
Possibly, depending on the facts of your particular situation. This publication concerns only Vermont anti-discrimination law, and you may well have other rights.
State or Federal Court: After or instead of filing with the Commission or HUD, you may decide to file the case in court. You may file in state court at any point within the time limitations, as discussed above.
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.
It is illegal to retaliate against someone for filing a discrimination claim, and you could file an additional complaint against the employer or landlord for retaliation. “Retaliation” protections cover those who participate in proceedings, or otherwise oppose unlawful conduct. If the employer or landlord takes action against an employee or tenant because of that conduct, then the employee or tenant can state a claim of retaliation (9 V.S.A. § 4506(e)(retaliation prohibited in public accommodations and housing); 21 V.S.A. § 495(a)(8) (retaliation prohibited in employment). See also Provencher v. CVS Pharmacy, 145 F.3d 5 (1st Cir. 1998) (upholding federal retaliation claim by a gay man who had brought a sexual harassment claim under Federal Title VII)).
Contact GLAD Answers by filling out the email form at GLAD Answers or by phone at 1-800-455-4523 (GLAD) to discuss options.
As a general matter, people who are still residing under discriminatory conditions have to evaluate how filing a case will affect their housing, and if they will be able to handle those possible consequences. Of course, even if a person has been evicted, they 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 to bring the attorney an outline of what happened, organized by date and with an explanation of who the various players are (and how to get in touch with them). 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.
For more information about the Human Rights Commission complaint process see: Filing a Complaint | Human Rights Commission
For information about discrimination protections for people living with HIV, see: https://www.glad.org/issues/hivaids/.
For information about the HUD complaint process see:
To see Discrimination cases or advocacy which GLAD has been directly involved with in Vermont, go to: Cases and Advocacy – GLAD and under “By Issue” click on “Discrimination” and under “By Location” click on “Vermont.”
To see news and press releases about Discrimination in Vermont, go to: News & Press Releases – GLAD and under “By Issue” click on “Discrimination” and under “By Location” click on “Vermont.”
Yes. Vermont law imposes increased penalties for crimes committed because of hatred or animus toward the victim’s actual or perceived race, color, religion, national origin, sex, ancestry, age, service in the U.S. armed forces, disability, sexual orientation, or gender identity (13 V.S.A. § 1455).
In addition to being subject to criminal prosecution, the Attorney General’s office may seek civil penalties from a perpetrator of up to $5000 (payable to the state) plus costs and attorney’s fees for every violation of the criminal hate crimes statute and for violations of any injunctions imposed (see discussion below) (13 V.S.A. § 1466).
The hate crimes law applies to “[a] person who commits, causes to be committed or attempts to commit any crime and whose conduct is maliciously motivated by the victim’s actual or perceived race, color, religion, national origin, sex, ancestry, age, service in the U.S. armed forces, disability…, sexual orientation or gender identity” (13 V.S.A. § 1455).
According to the Attorney General’s office, assaults, unlawful mischief (damage or destruction of property), telephone harassment and disorderly conduct (by public yelling of threats and abuse) are the most common hate crimes in Vermont (www.ago.vermont.gov/divisions/civil-rights/hate-crimes.php).
In addition to contacting the local police, you may contact the Civil Rights Unit of the Attorney General’s Office toll-free (in Vermont) at (888) 745-9195 or at (802) 828-3657 or AGO.CivilRights@vermont.gov.
Victims of hate crimes can also file a civil claim in the Superior Court of the county where they live or where the crime occurred (13 V.S.A. § 1457). These claims can seek:
Through this process, you have the right to obtain very similar protections to those available to domestic violence victims. (See discussion above). If you have been the victim of a hate crime or of a stalker, you can go to Superior Court and quickly obtain a preliminary order providing protection from the perpetrator of the hate crimes. This order may:
This preliminary order will remain in effect for a period of time set by the court up to 120 days, or until there is a final decision in the case (13 V.S.A. § 1461).
A final order can be issued for up to two years, but the court can extend the order for any amount of time if it finds it is necessary to protect the victim. Violating these kinds of orders is a crime, subject to immediate arrest, imprisonment and fines (13 V.S.A. § 1461(c), 1465(a-b)).
The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act (see 18 U.S.C. § 249) 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:
In providing assistance to local and state authorities, the priorities are hate 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.
Yes. See the topic area “Rights & Protections” in the Issue Area “Youth.”
U.S. Department of Justice information about Vermont Hate Crimes: 2020 Hate Crime Statistics for Vermont.
Information from the Vermont Attorney General: Hate Crimes – Office of the Vermont Attorney General
Vermont’s hate crime law was amended in 2021 to make it easier to prosecute hate crimes, see: 1455. Hate-motivated crimes
To see Violence & Harassment cases or advocacy which GLAD has been directly involved with in Vermont, go to: Cases and Advocacy – GLAD and under “By Issue” click on “Violence & Harassment” and under “By Location” click on “Vermont.”
To see news and press releases about Violence & Harassment in Vermont, go to: News & Press Releases – GLAD and under “By Issue” click on “Violence & Harassment” and under “By Location” click on “Vermont.”
Under the laws of domestic relations, “abuse” includes causing or trying to cause physical harm; causing fear of imminent serious physical harm; or abuse to children, which includes physical injury, neglect, emotional maltreatment or sexual abuse; stalking; and sexual assault (see 15 V.S.A. § 1101(1)).
In most situations, yes. These laws apply to abuse between family members, which includes civil union spouses, as well as between “household members,” which includes people who are living or have lived together, but also those who have or had a sexual relationship, or who are dating or have dated. To determine whether a dating relationship exists or existed, the court looks to whether the relationship is/was of a romantic nature, how long it has been/was going on, how often the parties interact/ed, and, if the parties have broken up, how long ago the relationship ended (15 V.S.A. § 1101(2)).
You can file a complaint seeking relief from abuse in the family division of the superior court in the county in which you live, or, if you have just fled your home, in either your new or old county. There is no fee (15 V.S.A. § 1103(f)).
If you are in immediate danger from harm, you can file an application for a temporary order (15 V.S.A. § 1104). That application can be filed in the criminal, civil or family division of the superior court (15 V.S.A. § 1102(b)). All of the courts are required to have procedures for people to file these applications after regular court hours, or on weekends and holidays (15 V.S.A. § 1106(b)). Temporary orders are generally issued upon request, based on the existence of a relationship between victim and offender that is covered by the law and a credible allegation of abuse or threats of abuse.
The order, a copy of which must be given to the abuser, will state a time within ten days of its being issued for the defendant to contest it (15 V.S.A. § 1104(b)). At the hearing, if the victim proves the abuse, the court will keep the order in effect and make other orders it deems necessary to keep the victim safe (15 V.S.A. § 1104(b)). Once an order is issued, it is filed with the Department of Public Safety’s abuse database. Police and sheriff’s departments, as well as state police district offices are also required to maintain procedures to make personnel aware of the existence and contents of abuse prevention orders (15 V.S.A. § 1107).
The order will stay in effect for a fixed period of time, at the end of which the court may extend it for as long as it deems necessary to protect the victim. The court does not have to find that abuse took place during the time covered by the order to extend it (15 V.S.A. § 1103(e)).
You don’t need a lawyer to get the temporary order, but it may be helpful to have one for later hearings if you think the abuser will contest the order. The court administrators may be able to connect you with agencies that help victims seek relief and gain access to the courts (15 V.S.A. § 1106(b)).
If for some reason you decide not to go through with the legal process, you should show up in court anyway and ask that the order be dismissed. Failure to show up might make the court think you are unreliable if you need legal help in the future.
Violation of an abuse order is a criminal offense and can result in the immediate arrest of the abuser, as well as imprisonment of up to six months and a fine of up to $1000 (15 V.S.A. § 1108(e)). It is worth noting that restraining orders do not restrict the abuse victim’s activities or contacts.
A victim may participate in an address confidentiality program, through which the Secretary of State gives the victim another address to use in order to keep the actual address confidential from the public (15 V.S.A. § 1152).
There are other laws that prohibit stalking, harassing and trespassing that may also apply to your situation, but are beyond the scope of this document. For more information, you may wish to consult the Vermont Center for Crime Victim Services at 1-800-750-1213 (Toll Free in Vermont Only) or (803) 241-1250 or Vermont Center for Crime Victim Services.
Not necessarily. The courts try to be sensitive to the fact that some people seeking orders may be closeted or may be in a same-sex relationship that they do not want revealed. A relief-from-abuse order is a public record, however.
In addition to the local police and district attorney, you can contact the Vermont Network Against Domestic Violence and Sexual Assault at Vermont Network, at vtnetwork@vtnetwork.org (email) or 1-800-228-7395. They can provide you with information and assistance and connect you to resources in your area.
Yes. Evidence that a parent has in the past, or is presently, abusing the other parent or the child is a factor showing that that parent is not acting in the best interests of the child (15 V.S.A. § 665(b)(9)).
Information from Vermont Network Against Domestic Violence: Vermont Network.
Domestic Violence Resources: Domestic Violence Resources | Department for Children and Families.
Prevent Domestic Violence and Sexual Violence: Prevent Domestic and Sexual Violence | Vermont Department of Health
To see Violence & Harassment cases or advocacy which GLAD has been directly involved with in Vermont, go to: Cases and Advocacy – GLAD and under “By Issue” click on “Violence & Harassment” and under “By Location” click on “Vermont.”
To see news and press releases about Violence & Harassment in Vermont, go to: News & Press Releases – GLAD and under “By Issue” click on “Violence & Harassment” and under “By Location” click on “Vermont.”
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