§ 5 §4553 — Definitions

As used in this Act, unless the context or subchapter otherwise indicates, the following words have the following meanings.
1.
Commission.
"Commission" means the Maine Human Rights Commission established by this Act.
1-A.
Commercial facilities.
"Commercial facilities" means facilities that are intended for nonresidential use.
1-B.
Covered entity.
For purposes of subchapter 3, "covered entity" means an employer, employment agency, labor organization or joint labor-management committee. For purposes of subchapter 5, "covered entity" means any applicable private entity or public entity.
1-C.
Direct threat.
For purposes of subchapter 3, "direct threat" means a significant risk to the health or safety of others that can not be eliminated by reasonable accommodation.
1-D.
Aggrieved person.
"Aggrieved person" includes any person who claims to have been subject to unlawful discrimination on the basis of protected class status, including discrimination based on the person's known relationship or association with a member of a protected class and discrimination on the basis of perceived protected class status. "Aggrieved person" also includes any person who claims to have been injured by unlawful housing discrimination.
1-E.
Complainant.
"Complainant" means a person who files a complaint under section 4611.
1-F.
Conciliation.
"Conciliation" means the attempted resolution after a finding by the commission that unlawful discrimination has occurred of issues raised by a complaint filed under section 4611 or by an investigation of such a complaint through informal negotiations involving the complainant, the respondent and the commission.
1-G.
Conciliation agreement.
"Conciliation agreement" means a written agreement setting forth the resolution of the issues in conciliation.
1-H.
Assistance animal.
"Assistance animal" means, for the purposes of subchapter 4:
2.
Discriminate.
"Discriminate" includes, without limitation, segregate, separate or subject to harassment.
2-A.
Educational institution.
"Educational institution" means any public school or educational program, any public postsecondary institution, any private school or educational program approved for tuition purposes and the governing body of each such school or program.
3.
Employee.
"Employee" means an individual employed by an employer. "Employee" does not include any individual employed by that individual's parents, spouse or child, except for purposes of disability-related discrimination, in which case the individual is considered to be an employee.
4.
Employer.
"Employer" includes any person in this State employing any number of employees, whatever the place of employment of the employees, and any person outside this State employing any number of employees whose usual place of employment is in this State; any person acting in the interest of any employer, directly or indirectly, such that the person's actions are considered the actions of the employer for purposes of liability; and labor organizations, whether or not organized on a religious, fraternal or sectarian basis, with respect to their employment of employees. "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.
Employment agency.
"Employment agency" includes any person undertaking with or without compensation to procure opportunities to work, or to procure, recruit, refer or place employees; it includes, without limitation, placement services, training schools and centers, and labor organizations, to the extent that they act as employee referral sources; and it includes any agent of such person acting in the interest of the person such that the agent's actions are considered the actions of the employment agency for purposes of liability.
5-A.
Familial status.
"Familial status" means a family unit that contains:
5-B.
Family.
"Family" includes, but is not limited to, a single individual.
5-C.
Gender identity.
"Gender identity" means the gender-related identity, appearance, mannerisms or other gender-related characteristics of an individual, regardless of the individual's assigned sex at birth.
6.
Housing accommodation.
"Housing accommodation" includes any building or structure or portion thereof, or any parcel of land, developed or undeveloped, that is occupied, or is intended to be occupied or to be developed for occupancy, for residential purposes.
6-A.
Normal retirement age.
"Normal retirement age" means the specified age, the years of service requirement or any age and years of service combination at which a member may become eligible for retirement benefits. This subsection may not be construed to require the mandatory retirement of a member or to deny employment to any person based solely on that person's normal retirement age.
7.
Person.
"Person" includes one or more individuals, partnerships, associations, organizations, corporations, municipal corporations, legal representatives, trustees, trustees in bankruptcy, receivers and other legal representatives, labor organizations, mutual companies, joint-stock companies and unincorporated organizations and includes the State and all agencies thereof.
7-A.
Physical or mental disability.
"Physical or mental disability" has the meaning set forth in section 4553‑A.
7-B.
Person with physical or mental disability.
8.
Place of public accommodation.
"Place of public accommodation" means a facility, operated by a public entity or private entity, whose operations fall within at least one of the following categories:
8-A.
Private entity.
"Private entity" means any entity other than a public entity.
8-B.
Public accommodation.
"Public accommodation" means a public entity or private entity that owns, leases, leases to or operates a place of public accommodation.
8-C.
Public entity.
"Public entity" means:
8-D.
Qualified individual with a disability.
"Qualified individual with a disability" applies to only:
8-E.
Pregnancy-related condition.
"Pregnancy-related condition" means a known limitation of an employee's ability to perform the functions of a job due to pregnancy, childbirth or related medical conditions, including but not limited to lactation.
8-F.
(REALLOCATED FROM T. 5, §4553, sub-§8-E) Protected class.
"Protected class" means a class of individuals protected from unlawful discrimination under this Act.
8-G.
Protective hairstyle.
"Protective hairstyle" includes braids, twists and locks.
8-H.
Race, for purposes of subchapters 3 and 5-B.
"Race," for the purposes of subchapters 3 and 5‑B, includes traits associated with race, including hair texture, Afro hairstyles and protective hairstyles.
9.
Real estate broker and sales agent.
"Real estate broker" and "real estate sales agent" have the same meanings as in Title 32, sections 13198 and 13200 respectively; but include all persons meeting those definitions, whether they are licensed or required to be licensed.
9-A.
Reasonable accommodation.
For purposes of subchapter 3, "reasonable accommodation" may include, but is not limited to:
9-B.
Undue hardship; undue burden.
"Undue hardship" or "undue burden" means an action requiring undue financial or administrative hardship. In determining whether an action would result in an undue hardship, factors to be considered include:
9-C.
Sexual orientation.
"Sexual orientation" means a person's actual or perceived heterosexuality, bisexuality or homosexuality.
9-D.
Service animal.
9-E.
Service animal.
"Service animal" means:
9-F.
Rent.
"Rent" includes to lease, to sublease, to let or otherwise to grant for a consideration the right to occupy premises not owned by the occupant.
9-G.
Respondent.
"Respondent" means a person accused of unlawful discrimination in a complaint filed under section 4611.
10.
Unlawful discrimination.
"Unlawful discrimination" includes:

Legislative History

PL 1971, c. 501, §1 (NEW). PL 1973, c. 415, §1 (AMD). PL 1975, c. 182, §1 (AMD). PL 1975, c. 358, §2 (AMD). PL 1979, c. 350, §1 (AMD). PL 1983, c. 437, §1 (AMD). PL 1983, c. 578, §§1,2 (AMD). PL 1987, c. 478, §2 (AMD). PL 1989, c. 245, §2 (AMD). PL 1991, c. 99, §2 (AMD). PL 1991, c. 109 (AMD). PL 1995, c. 393, §§1-8 (AMD). RR 1999, c. 2, §2 (COR). PL 2005, c. 10, §§2-6 (AMD). PL 2007, c. 385, §§1, 2 (AMD). PL 2007, c. 664, §1 (AMD). PL 2011, c. 369, §§1, 2 (AMD). PL 2011, c. 613, §§1-9 (AMD). PL 2011, c. 613, §29 (AFF). PL 2015, c. 457, §§1, 2 (AMD). PL 2019, c. 464, §1 (AMD). PL 2019, c. 490, §1 (AMD). RR 2019, c. 1, Pt. A, §5 (COR). PL 2021, c. 366, §§2, 3 (AMD). PL 2021, c. 643, §§1, 2 (AMD). PL 2023, c. 41, §1 (AMD). PL 2023, c. 188, §1 (AMD). PL 2023, c. 489, §§1-6 (AMD). PL 2025, c. 316, §3 (REV).