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132nd MAINE LEGISLATURE
FIRST SPECIAL SESSION-2025
Legislative Document No. 1647S.P. 655 In Senate, April 15, 2025
An Act to Amend the Maine Human Rights Act to Provide
Additional Remedies for Educational Discrimination
Reference to the Committee on Judiciary suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator CARNEY of Cumberland.
Cosponsored by Representative MOONEN of Portland and
Senators: DUSON of Cumberland, INGWERSEN of York, RAFFERTY of York, ROTUNDO
of Androscoggin, TIPPING of Penobscot, Representatives: KUHN of Falmouth, SATO of
Gorham, SINCLAIR of Bath. Page 1 - 132LR1594(01)
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2 as amended by PL 2023, c. 263, §1, is further
3 amended by amending subparagraph (7) to read:
4 (7) An order to pay to the victim of unlawful discrimination, other than
5 employment discrimination in the case of a respondent who has more than 14
6 employees or intentional educational discrimination, or, if the commission brings
7 action on behalf of the victim, an order to pay to the victim, the commission or
8 both, civil penal damages not in excess of $20,000 in the case of the first order
9 under this Act against the respondent, not in excess of $50,000 in the case of a 2nd
10 order against the respondent arising under the same subchapter of this Act and not
11 in excess of $100,000 in the case of a 3rd or subsequent order against the
12 respondent arising under the same subchapter of this Act, except that the total
13 amount of civil penal damages awarded in any action filed under this Act may not
14 exceed the limits contained in this subparagraph;
15 as amended by PL 2023, c. 263, §1, is further
16 amended by enacting a new subparagraph (7-A) to read:
17 (7-A) In cases of intentional educational discrimination, compensatory damages
18 as provided in this subparagraph.
19 (a) A complaining party may recover compensatory damages for loss of
20 education, loss of educational opportunity, past and future pecuniary losses,
21 emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment
22 of life and other nonpecuniary losses.
23 (b) When a discriminatory practice involves the provision of a reasonable
24 accommodation, damages may not be awarded under this subparagraph when
25 the educational institution demonstrates good faith efforts, in consultation with
26 the person with the disability who has informed the educational institution that
27 accommodation is needed, to identify and make a reasonable accommodation
28 that would provide that individual with an equally effective opportunity and
29 would not cause an undue hardship on the operation of the educational
30 institution.
31 (c) Compensatory damages awarded under this subparagraph do not include
32 any other type of relief authorized elsewhere under this subsection.
33 (d) Nothing in this subparagraph may be construed to limit the scope of or the
34 relief available under any other state or federal law.
35 (e) If a complaining party seeks compensatory damages under this
36 subparagraph, any party may demand a trial by jury.
37 (f) This subparagraph does not apply to recoveries for a practice that is
38 unlawful only because of its disparate impact;
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40 This bill modifies provisions of the Maine Human Rights Act to allow a court to award
41 compensatory damages in cases of intentional educational discrimination. Compensatory
42 damages include damages for loss of education, loss of educational opportunity, past and
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43 future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of
44 enjoyment of life and other nonpecuniary losses.
3 The bill specifies that these compensatory damages are not available in cases when the
4 discriminatory practice involves the provision of a reasonable accommodation and the
5 educational institution had demonstrated good faith efforts, in consultation with the person
6 with the disability, to make a reasonable accommodation that would provide that individual
7 with an equally effective opportunity and would not cause undue hardship on the operation
8 of the educational institution.
9 Compensatory damages are not available in cases in which the practice was unlawful
10 only because of its disparate impact.
11 The bill also adds language that excludes cases of intentional educational
12 discrimination from the existing limited monetary remedy available for unlawful
13 discrimination under the Maine Human Rights Act.
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