HomeMy WebLinkAbout2020-09-28 20-313 ORDINANCETitle, Ordinance
CITY COUNCIL ACTION
Council Meeting Date: September 28, 2020
Item No: 20-313
Responsible Dept: Legal
Action Requested: Ordinance
AS AMENDED 09/28/2020
20-313
Map/Lot: N/A
Amending the Code of the City of Bangor, Chapter 195, Non -Discrimination, to Prohibit Discrimination on the
Basis of Gender Identity
Summary
This Ordinance would prohibit discrimination on the basis of gender identity.
The City's Code of Ordinances currently prohibits discrimination on the basis of sexual orientation. If approved,
this amendment would add language to prohibit discrimination on the basis of gender identity in employment,
housing, public accommodations, extension of credit, and education.
Committee Action
Committee: Government Operations
Action: Support
Staff Comments & Approvals
Meeting Date:
For: 4 Against: 0
City Manager City Solicitor Finance Director
Introduced for: First Reading
CITY COUNCIL ORDINANCE
Date: September 28, 2020
Assigned to Councilor: Supica
AS AMENDED 09/28/2020
20-313
ORDINANCE, Amending the Code of the City of Bangor, Chapter 195, Non -Discrimination, to Prohibit
Discrimination on the Basis of Gender Identity
WHEREAS, the Non -Discrimination Chapter of the Code of the City of Bangor was adopted by the City Council
in September 2001 to provide protection from discrimination based on sexual orientation; and
WHEREAS, this Code chapter has not been updated in the last nineteen years; and
WHEREAS, the Code chapter does not presently address discrimination on the basis of gender identity; and
WHEREAS, transgender people can face discrimination in a number of areas, including employment, housing,
and other settings; and
WHEREAS, federal protection from discrimination on the basis of gender identity is limited;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT
That Chapter 195, Non -Discrimination, of the Code of the City of Bangor is amended as follows:
§ 195-1 Findings.
A. The Council finds that:
() The people who make up the City include those who are gay, and lesbian, bisexual, transgender, and
of other sexual and gender identities.
() Hemesexuals Individuals may face discrimination in employment, housing, access to public
accommodations, education and in the extension of financial credit based on their sexual orientation
or gender identity.
() Federal, state and town laws offer no clear prohibition of discrimination based on sexual orientation or
aender identity in employment, housing, access to public accommodations, education and in the
extension of financial credit.
() Heng ....._„ "'s Individuals may be reluctant to report acts of harassment or violence based on sexual
orientation or gender identity because of a lack of legal protection against discrimination in
employment, housing, access to public accommodations, education and in the extension of financial
credit.
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B. Therefore, in order to protect the public health, safety and welfare, it is declared to be the policy of this
City to prevent discrimination in employment, housing, access to public accommodations, education or in
the extension of credit, on account of sexual orientation or gender identity.
§ 195-2 Definitions.
As used in this chapter, unless the context otherwise indicates, the following words shall have the following
meanings:
GENDER IDENTITY
One's self -identification as a particular gender.
HOUSING ACCOMMODATION
Any building or structure or portion thereof, or any parcel of land, developed or undeveloped, which is
occupied, or is intended to be occupied or to be developed for occupancy, for residential purposes,
excepting:
A. The rental of a one -family unit of a two-family dwelling, one unit of which is occupied by the
owner.
B. The rental of not more than four rooms of a one -family dwelling which is occupied by the owner.
C. The rental of any dwelling owned, controlled or operated for other than a commercial purpose by a
religious corporation to its membership unless such membership is restricted on account of sexual
orientation or aender identity.
SEXUAL ORIENTATION
Having a preference or orientation for, being identified as having a preference or orientation for, or having
a history of a preference for, heterosexuality, homosexuality, e� bisexualitypansexuality, or asexuality.
§ 195-3 Employment discrimination.
It shall be unlawful employment discrimination, in violation of this article, except where based on a bona fide
occupational qualification:
A. For any employer to fail or refuse to hire or otherwise discriminate against any applicant for employment
because of sexual orientation or aender identity or because of such reason to discharge an employee or
discriminate with respect to hire, tenure, promotion, transfer, compensation, terms, conditions or
privileges of employment, or any other matter directly or indirectly related to employment, or in recruiting
of individuals for employment or in hiring them, to utilize any employment agency which such employer
knows, or has reasonable cause to know, discriminates against individuals because of their sexual
orientation or aender identity.
B. For any employment agency to fail or refuse to classify properly or refer for employment or otherwise
discriminate against any individual because of sexual orientation or gender identity, or to comply with an
employer's request for the referral of job applicants, if such request indicates, whether directly or
indirectly, that such employer will not afford full and equal employment opportunities to individuals
regardless of their sexual orientation or gender identity.
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C. For any labor organization to exclude from apprenticeship or membership, or to deny full and equal
membership rights, to any applicant for membership, because of sexual orientation or aender identity, or
because of such reason to deny a member full and equal membership rights, expel from membership,
penalize or otherwise discriminate in any manner with respect to hire, tenure, promotion, transfer,
compensation, terms, conditions or privileges of employment, representation, grievances or any other
matter directly or indirectly related to membership or employment, whether or not authorized or required
by the constitution or bylaws of such labor organization or by a collective labor agreement or other
contract, or to fail or refuse to classify properly or refer for employment, or otherwise to discriminate
against any member because of such sexual orientation or gender identity, or to cause or attempt to cause
an employer to discriminate against an individual in violation of this section.
D. For any employer or employment agency or labor organization, prior to employment or admission to
membership of any individual, to:
() Elicit or attempt to elicit any information, directly or indirectly pertaining to sexual orientation or
aender identity except where some privileged information is necessary for an employment agency or
labor organization to make a suitable job referral.
() Make or keep a record of sexual orientation or gender identity.
() Use any form of application for employment or personnel or membership blaRk containing questions
or entries directly or indirectly pertaining to sexual orientation or gender identity.
() Print or publish or cause to be printed or published any notice or advertisement relating to
employment or membership indicating any preference, limitation, specification or discrimination based
upon sexual orientation or gender identity.
() Establish, announce or follow a policy of denying or limiting, through a quota system or otherwise,
employment or membership opportunities of any group because of sexual orientation or gender
identity.
E. For an employer or employment agency or labor organization to discriminate in any manner against any
individual because they have opposed any practice which would be a violation of this article, or because
they have made a charge, testified or assisted in any manner in any investigation, proceeding or hearing
under this article.
F. For any employer, employment agency or labor organization, on the basis of sexual orientation or gender
identity, to apply any rule concerning the actual or potential family or marital status of a person.
§ 195-4 Activities not considered employment discrimination.
It shall not be unlawful employment discrimination:
A. Records. After employment or admission to membership, to make a record of such features of an
individual as are needed in good faith for the purpose of identifying them, provided such record is
intended and used in good faith solely for such identification, and not for the purpose of discrimination in
violation of this article.
B. Required records. To record any data required by law, or by the rules and regulations of any state or
federal agency, provided such records are kept in good faith for the purpose of complying with law, and
are not used for the purpose of discrimination in violation of this article.
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§ 195-5 Housing discrimination.
It shall be unlawful housing discrimination, in violation of this article:
A. For any owner, lessee, sublessee, managing agent or other person having the right to sell, rent, lease or
manage a housing accommodation, or any agent of these, to make or cause to be made any written or
oral inquiry concerning the sexual orientation or gender identity of any prospective purchaser, occupant or
tenant of such housing accommodation; or to refuse to show or refuse to sell, rent, lease, let or otherwise
deny to or withhold from any individual such housing accommodation because of sexual orientation or
gender identity of such individual; or to issue any advertisement relating to the sale, rental or lease of
such housing accommodation which indicates any preference, limitation, specification or discrimination
based upon sexual orientation or gender identity; or to discriminate against any individual because of
sexual orientation or gender identity in the price, terms, conditions or privileges of the sale, rental or lease
of any such housing accommodations or in the furnishing of facilities or services in connection therewith,
or to evict or attempt to evict any tenant of any housing accommodation because of sexual orientation or
gender identity;
B. For any real estate broker or real estate sales person, or agent of one of them, to fail or refuse to show
any applicant for a housing accommodation any such accommodation listed for sale, lease or rental,
because of sexual orientation or aender identity of such applicant or of any intended occupant of such
accommodation, or to misrepresent for the purpose of discriminating on account of sexual orientation or
aender identity of such applicant or intended occupant the availability or asking price of a housing
accommodation listed for sale, lease or rental; or for such a reason to fail to communicate to the person
having the right to sell or lease such housing accommodation any offer for the same made by any
applicant thereof; or in any other manner to discriminate against any applicant for housing because of
sexual orientation or aender identity of such applicant or of any intended occupant of the housing
accommodation, or to make or cause to be made any written or oral inquiry or record concerning the
sexual orientation or aender identity of any such applicant or intended occupant, or to accept for listing
any housing accommodation when the person having the right to sell or lease the same has directly or
indirectly indicated an intention of discriminating among prospective tenants or purchasers on the ground
of their sexual orientation or aender identity, or when he knows or has reason to know that the person
having the right to sell or lease such housing accommodation has made a practice of such discrimination
since the effective date of this article; or
C. For any person to whom application is made for a loan or other form of financial assistance for the
acquisition, construction, rehabilitation, repair or maintenance of any housing accommodation, whether
secured or unsecured, or agent of such person, to make or cause to be made any oral or written inquiry
concerning the sexual orientation or gender identity of any individual seeking such financial assistance, or
of existing or prospective occupants or tenants of such housing accommodations; or to discriminate in the
granting of such financial assistance, or in the terms, conditions or privileges relating to the obtaining or
use of any such financial assistance, against any applicant because of the sexual orientation or gender
identity such applicant or of the existing or prospective occupants or tenants.
D. For any person enumerated in § 195-5A, B or C, on the basis of sexual orientation or gender identity, to
apply any rule concerning the actual or potential family or marital status of a person.
§ 195-6 Activity not considered housing discrimination.
Nothing in this article shall be construed in any manner to prohibit or limit the exercise of the privilege of every
person and the agent of any person having the right to sell, rent, lease or manage a housing accommodation to
set up and enforce specifications in the selling, renting, leasing or letting thereof or in the furnishings of facilities
or services in connection therewith which are not based on the sexual orientation or aender identity of any
AS AMENDED 09/28/2020
20-313
prospective or actual purchaser, lessee, tenant or occupant thereof. Nothing in this article ^taiRed shall be
construed in any manner to prohibit or limit the exercise of the privilege of every person and the agent of any
person making loans for or offering financial assistance in the acquisition, construction, rehabilitation, repair or
maintenance of housing accommodations to set standards and preferences, terms, conditions, limitations or
specifications for the granting of such loans or financial assistance which are not based on the sexual orientation
or gender identity of any existing or prospective owner, lessee, tenant or occupant of such housing
accommodation. Nothing in this article shall be construed in any manner as to interfere with the ability of a
person to express preferences based upon sex in their own shared living situation, or as otherwise allowed under
the Fair Housina Act.
§ 195-7 Public accommodations discrimination.
It shall be unlawful public accommodations discrimination, in violation of this article:
A. For any person, being the owner, lessee, proprietor, manager, superintendent, agent or employee of any
place of public accommodation, to directly or indirectly refuse, discriminate against or in any manner
withhold from or deny the full and equal enjoyment to any person, on account of sexual orientation or
gender identity, any of the accommodations, advantages, facilities, goods, services or privileges of such
place of public accommodation, or for such reason in any manner to discriminate against any person in the
price, terms or conditions upon which access to such accommodations, advantages, facilities, goods,
services and privileges may depend; or
B. For any person to directly or indirectly publish, display or communicate any notice or advertisement to the
effect that any of the accommodations, facilities and privileges of any place of public accommodation shall
be refused, withheld from or denied to any person on account of sexual orientation or gender identity, or
that the patronage or custom of any person belonging to or purporting to be of any particular sexual
orientation or gender identity is unwelcome, objectionable or not acceptable, desired or solicited, or that
the clientele thereof is restricted to members of particular sexual orientation or gender identity. The
production of any communication, notice or advertisement purporting to relate to any such place of
accommodation shall be presumptive evidence in any action that the same was authorized by its owner,
manager or proprietor.
C. For any person enumerated in § 195-7A, on the basis of sexual orientation or gender identity, to apply
any rule concerning the actual or potential family or marital status of a person.
§ 195-8 Credit discrimination.
It shall be unlawful credit discrimination for any creditor to refuse the extension of credit to any person or to
apply any rule concerning the actual or potential family or marital status of a person, on the basis of sexual
orientation or aender identity in any credit transaction. It shall not be unlawful credit discrimination to comply
with the terms and conditions of any bona fide group credit life, accident and health insurance plan, for a financial
institution extending credit to a married person to require both the husband and the wife to sign a note and a
mortgage and to deny credit to persons under the age of 18 or to consider a person's age in determining the
terms upon which credit will be extended.
§ 195-9 Educational discrimination.
It shall be unlawful educational discrimination for an educational institution, on the basis of sexual orientation or
gender identity, to:
A. Exclude a person from participation in, deny a person the benefits of or subject a person to discrimination
in any academic, extracurricular, research, occupational training or other program or activity.
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B. Deny a person equal opportunity in athletic programs.
C. Apply any rule concerning the actual or potential family or marital status of a person.
D. Deny admission to the institution or program or fail to provide equal access to and information about an
institution or program through recruitment.
E. Deny financial assistance availability or opportunity.
§ 195-10 Prohibition against retaliation and coercion.
A. A person may not discriminate against any individual because that individual has opposed any act or
practice that is unlawful under this article or because that individual made a charge, testified, assisted or
participated in any manner in an investigation or proceeding under this article.
B. It is unlawful for a person to coerce, intimidate, threaten or interfere with any individual in the exercise or
enjoyment of the rights granted or protected by this article or because that individual has exercised or
enjoyed, or has aided or encouraged another individual in the exercise or enjoyment of, those rights.
C. The remedies and procedures available under the enforcement provisions of this article are available to
persons for violations of the preceding two subsections.
§ 195-11 Enforcement.
A. A violation of this article shall be a civil infraction and shall be enforceable in the Maine Superior Court in a
civil action. Not later than two years after the act of unlawful discrimination complained of, a person who
has been subject to unlawful discrimination may file a civil action in the Superior Court against the person
or persons who committed the unlawful discrimination.
B. In any civil action under this article, the burden shall be on the person seeking relief to prove, by a fair
preponderance of the evidence, that the alleged unlawful discrimination occurred.
C. In any action filed under this article by any person:
() If the Court finds that unlawful discrimination occurred, its judgment shall specify an appropriate
remedy or remedies therefor. Such remedies may include, but are not limited to, any and all remedies
provided for in the Maine Human Rights Act, 5 M.R.S.A. § 4613, as same may be amended from time
to time.
() Where any person who has been the subject of alleged unlawful housing discrimination has not
acquired substitute housing, temporary injunctions against the sale or rental to others of the housing
accommodations as to which the violation allegedly occurred, or against the sale or rental of a single
housing accommodation substantially identical thereto and controlled by the alleged violator, shall be
liberally granted in the interests of furthering the purposes of this article, when it appears probable
that the plaintiff will succeed upon final disposition of the case.
() In any civil action under this article, the court, in its discretion, may allow the prevailing party
reasonable attorneys' fees and costs.
§ 195-12 Exceptions.
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In addition to the other exceptions and exemptions provided in this article, this article does not:
A. Require the teaching of any particular subject in the public schools;
B. Apply to a religious corporation, association or organization;
C. Apply to the state or federal government, or any of its agencies, including but not limited to the University
of Maine System; or
D. Require any form of affirmative action based on sexual orientation or gender identity.
Additions are underlined, deletions strtrel( thFeugr.
Title Ordinance
CITY COUNCILACTION
Council Meeting Date: September 28, 2020
Item No: 20-313
Responsible Dept: Legal
Action Requested: Ordinance
20-313 09/28/2020
Map/Lot: N/A
Amending the Code of the City of Bangor, Chapter 195, Non -Discrimination, to Prohibit Discrimination on the
Basis of Gender Identity
Summary
This Ordinance would prohibit discrimination on the basis of gender identity.
The City's Code of Ordinances currently prohibits discrimination on the basis of sexual orientation. If approved,
this amendment would add language to prohibit discrimination on the basis of gender identity in employment,
housing, public accommodations, extension of credit, and education.
Committee: Government Operations
Action: Support
City Manager
Introduced for: First Reading
Meeting Date:
For: 4 Against: O
City Solicitor Finance Director
CITY COUNCIL ORDINANCE
Date: September 28, 2020
Assigned to Councilor: Supica
20-313 09/28/2020
ORDINANCE, Amending the Code of the City of Bangor, Chapter 195, Non -Discrimination, to Prohibit
Discrimination on the Basis of Genderldentity
WHEREAS, the Non -Discrimination Chapter of the Code of the City of Bangor was adopted by the City Council
in September 2001 to provide protection from discrimination based on sexual orientation; and
WHEREAS, this Code chapter has not been updated in the last nineteen years; and
WHEREAS, the Code chapter does not presently address discrimination on the basis of gender identity; and
WHEREAS, transgender people can face discrimination in a number of areas, including employment, housing,
and other settings; and
WHEREAS, federal protection from discrimination on the basis of gender identity is limited;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT
That Chapter 195, Non -Discrimination, of the Code of the City of Bangor is amended as follows:
§ 195-1 Findings..
A. The Council finds that:
(1) The people who make up the City include those who are gayL afte lesbian, bisexual, transgender, and
of other sexual and aender identities.
() HoMosexuals Individuals may face discrimination in employment, housing, access to public
accommodations, education and in the extension of financial credit based on their sexual orientation
or aender identity.
() Federal, state and town laws offer no clear prohibition of discrimination based on sexual orientation or
aender identity in employment, housing, access to public accommodations, education and in the
extension of financial credit.
() HoA'losexuals Individuals maybe reluctant to report acts of harassment or violence based on sexual
orientation or gender identity because of a lack of legal protection against discrimination in
employment, housing, access to public accommodations, education and in the extension of financial
credit.
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B. Therefore, in order to protect the public health, safety and welfare, it is declared to be the policy of this
City to prevent discrimination in employment, housing, access to public accommodations, education or in
the extension of credit, on account of sexual orientation or gender identity.
§ 195-2 Definitions.
As used in this chapter, unless the context otherwise indicates, the following words shall have the following
meanings:
GENDER IDENTITY
One's self -identification as a particular gender.
HOUSING ACCOMMODATION
Any building or structure or portion thereof, or any parcel of land, developed or undeveloped, which is
occupied, or is intended to be occupied or to be developed for occupancy, for residential purposes,
excepting:
A. The rental of a one -family unit of a two-family dwelling, one unit of which is occupied by the
owner.
B. The rental of not more than four rooms of a one -family dwelling which is occupied by the owner.
C. The rental of any dwelling owned, controlled or operated for other than a commercial purpose by a
religious corporation to its membership unless such membership is restricted on account of sexual
orientation or gender identity.
SEXUAL ORIENTATION
Having a preference or orientation for, being identified as having a preference or orientation for, or having
a history of a preference for, heterosexuality, homosexuality£ eF bisexuality, pansexuality, or asexuality.
§ 195-3 Employment discrimination.
It shall be unlawful employment discrimination, in violation of this article, except where based on a bona fide
occupational qualification:
A. For any employer to fail or refuse to hire or otherwise discriminate against any applicant for employment
because of sexual orientation or aender identity or because of such reason to discharge an employee or
discriminate with respect to hire, tenure, promotion, transfer, compensation, terms, conditions or
privileges of employment, or any other matter directly or indirectly related to employment, or in recruiting
of individuals for employment or in hiring them, to utilize any employment agency which such employer
knows, or has reasonable cause to know, discriminates against individuals because of their sexual
orientation or gender identity.
B. For any employment agency to fail or refuse to classify properly or refer for employment or otherwise
discriminate against any individual because of sexual orientation or gender identity, or to comply with an
employer's request for the referral of job applicants, if such request indicates, whether directly or
indirectly, that such employer will not afford full and equal employment opportunities to individuals
regardless of their sexual orientation or gender identity.
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C. For any labor organization to exclude from apprenticeship or membership, or to deny full and equal
membership rights, to any applicant for membership, because of sexual orientation or gender identity. or
because of such reason to deny a member full and equal membership rights, expel from membership,
penalize or otherwise discriminate in any manner with respect to hire, tenure, promotion, transfer,
compensation, terms, conditions or privileges of employment, representation, grievances or any other
matter directly or indirectly related to membership or employment, whether or not authorized or required
by the constitution or bylaws of such labor organization or by a collective labor agreement or other
contract, or to fail or refuse to classify properly or refer for employment, or otherwise to discriminate
against any member because of such sexual orientation or gender identity. or to cause or attempt to cause
an employer to discriminate against an individual in violation of this section.
D. For any employer or employment agency or labor organization, prior to employment or admission to
membership of any individual, to:
() Elicit or attempt to elicit any information, directly or indirectly pertaining to sexual orientation or
aender identity except where some privileged information is necessary for an employment agency or
labor organization to make a suitable job referral.
() Make or keep a record of sexual orientation or gender identity.
() Use any form of application for employment or personnel or membership elaA* containing questions
or entries directly or indirectly pertaining to sexual orientation or gender identity.
() Print or publish or cause to be printed or published any notice or advertisement relating to
employment or membership indicating any preference, limitation, specification or discrimination based
upon sexual orientation or gender identity.
(5) Establish, announce or follow a policy of denying or limiting, through a quota system or otherwise,
employment or membership opportunities of any group because of sexual orientation or gender
identity.
E. For an employer or employment agency or labor organization to discriminate in any manner against any
individual because they have opposed any practice which would be a violation of this article, or because
they have made a charge, testified or assisted in any manner in any investigation, proceeding orhearing
under this article.
F. For any employer, employment agency or labor organization, on the basis of sexual orientation orgender
identity, to apply any rule concerning the actual or potential family or marital status of a person.
§ 195-4 Activities not considered employment discrimination.
It shall not be unlawful employment discrimination:
A. Records. After employment or admission to membership, to make a record of such features of an
individual as are needed in good faith for the purpose of identifying them, provided such record is
intended and used in good faith solely for such identification, and not for the purpose of discrimination in
violation of this article.
B. Required records. To record any data required by law, or by the rules and regulations of any state or
federal agency, provided such records are kept in good faith for the purpose of complying with law, and
are not used for the purpose of discrimination in violation of this article.
§ 195-5 Housing discrimination.
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It shall be unlawful housing discrimination, in violation of this article:
A. For any owner, lessee, sublessee, managing agent or other person having the right to sell, rent, lease or
manage a housing accommodation, or any agent of these, to make or cause to be made any written or
oral inquiry concerning the sexual orientation or gender identity of any prospective purchaser, occupant or
tenant of such housing accommodation; or to refuse to show or refuse to sell, rent, lease, let or otherwise
deny to or withhold from any individual such housing accommodation because of sexual orientation QL
gender identity of such individual; or to issue any advertisement relating to the sale, rental or lease of
such housing accommodation which indicates any preference, limitation, specification or discrimination
based upon sexual orientation or gender identity: or to discriminate against any individual because of
sexual orientation or gender identity in the price, terms, conditions or privileges of the sale, rental or lease
of any such housing accommodations or in the furnishing of facilities or services in connection therewith,
or to evict or attempt to evict any tenant of any housing accommodation because of sexual orientation QL
aender identity:
B. For any real estate broker or real estate sales person, or agent of one of them, to fail or refuse to show
any applicant for a housing accommodation any such accommodation listed for sale, lease or rental,
because of sexual orientation or aender identity of such applicant or of any intended occupant of such
accommodation, or to misrepresent for the purpose of discriminating on account of sexual orientation QL
gender identity of such applicant or intended occupant the availability or asking price of a housing
accommodation listed for sale, lease or rental; or for such a reason to fail to communicate to the person
having the right to sell or lease such housing accommodation any offer for the same made by any
applicant thereof; or in any other manner to discriminate against any applicant for housing because of
sexual orientation or gender identity of such applicant or of any intended occupant of the housing
accommodation, or to make or cause to be made any written or oral inquiry or record concerning the
sexual orientation or gender identity of any such applicant or intended occupant, or to accept for listing
any housing accommodation when the person having the right to sell or lease the same has directly or
indirectly indicated an intention of discriminating among prospective tenants or purchasers on the ground
of their sexual orientation or gender identity, or when he knows or has reason to know that the person
having the right to sell or lease such housing accommodation has made a practice of such discrimination
since the effective date of this article; or
C. For any person to whom application is made for a loan or other form of financial assistance for the
acquisition, construction, rehabilitation, repair or maintenance of any housing accommodation, whether
secured or unsecured, or agent of such person, to make or cause to be made any oral or written inquiry
concerning the sexual orientation or gender identity of any individual seeking such financial assistance, or
of existing or prospective occupants or tenants of such housing accommodations; or to discriminate in the
granting of such financial assistance, or in the terms, conditions or privileges relating to the obtaining or
use of any such financial assistance, against any applicant because of the sexual orientation or gender
identity such applicant or of the existing or prospective occupants or tenants.
• For any person enumerated in § 19 5-A, 113 or C, on the basis of sexual orientation or gender identity, to
apply any rule concerning the actual or potential family or marital status of a person.
§ 195-6 Activity not considered housing discrimination.
Nothing in this article shall be construed in any manner to prohibit or limit the exercise of the privilege of every
person and the agent of any person having the right to sell, rent, lease or manage a housing accommodation to
set up and enforce specifications in the selling, renting, leasing or letting thereof or in the furnishings of facilities
or services in connection therewith which are not based on the sexual orientation or gender identity of any
prospective or actual purchaser, lessee, tenant or occupant thereof. Nothing in this article contained shall be
construed in any manner to prohibit or limit the exercise of the privilege of every person and the agent of any
person making loans for or offering financial assistance in the acquisition, construction, rehabilitation, repair or
20-313 09/28/2020
maintenance of housing accommodations to set standards and preferences, terms, conditions, limitations or
specifications for the granting of such loans or financial assistance which are not based on the sexual orientation
or gender identity of any existing or prospective owner, lessee, tenant or occupant of such housing
accommodation. Nothing in this article shall be construed in any manner as to interfere with the ability of a
person to express preferences based upon sex in their own shared living situation, or as otherwise allowed under
the Fair Housing Act.
§ 195-7 Public accommodations discrimination.
It shall be unlawful public accommodations discrimination, in violation of this article:
A. For any person, being the owner, lessee, proprietor, manager, superintendent, agent or employee of any
place of public accommodation, to directly or indirectly refuse, discriminate against or in any manner
withhold from or deny the full and equal enjoyment to any person, on account of sexual orientation QL
gender identity, any of the accommodations, advantages, facilities, goods, services or privileges of such
place of public accommodation, or for such reason in any manner to discriminate against any person in the
price, terms or conditions upon which access to such accommodations, advantages, facilities, goods,
services and privileges may depend; or
B. For any person to directly or indirectly publish, display or communicate any notice or advertisement to the
effect that any of the accommodations, facilities and privileges of any place of public accommodation shall
be refused, withheld from or denied to any person on account of sexual orientation or gender identity, or
that the patronage or custom of any person belonging to or purporting to be of any particular sexual
orientation or gender identity is unwelcome, objectionable or not acceptable, desired or solicited, or that
the clientele thereof is restricted to members of particular sexual orientation or gender identity. The
production of any communication, notice or advertisement purporting to relate to any such place of
accommodation shall be presumptive evidence in any action that the same was authorized by its owner,
manager or proprietor.
C. For any person enumerated in § 195- 7A, on the basis of sexual orientation or gender identity, to apply
any rule concerning the actual or potential family or marital status of a person.
§ 195-8 Credit discrimination.
It shall be unlawful credit discrimination for any creditor to refuse the extension of credit to any person or to
apply any rule concerning the actual or potential family or marital status of a person, on the basis of sexual
orientation or gender identity in any credit transaction. It shall not be unlawful credit discrimination to comply
with the terms and conditions of any bona fide group credit life, accident and health insurance plan, for a financial
institution extending credit to a married person to require both the husband and the wife to sign a note and a
mortgage and to deny credit to persons under the age of 18 or to consider a person's age in determining the
terms upon which credit will be extended.
§ 195-9 Educational discrimination.
It shall be unlawful educational discrimination for an educational institution, on the basis of sexual orientation or
aender identity, to:
A. Exclude a person from participation in, deny a person the benefits of or subject a person to discrimination
in any academic, extracurricular, research, occupational training or other program or activity.
B. Deny a person equal opportunity in athletic programs.
C. Apply any rule concerning the actual or potential family or marital status of a person.
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D. Deny admission to the institution or program or fail to provide equal access to and information about an
institution or program through recruitment.
E. Deny financial assistance availability oropportunity.
§ 195-10 Prohibition against retaliation and coercion.
A. A person may not discriminate against any individual because that individual has opposed any act or
practice that is unlawful under this article or because that individual made a charge, testified, assisted or
participated in any manner in an investigation or proceeding under this article.
B. It is unlawful for a person to coerce, intimidate, threaten or interfere with any individual in the exercise or
enjoyment of the rights granted or protected by this article or because that individual has exercised or
enjoyed, or has aided or encouraged another individual in the exercise or enjoyment of, those rights.
C. The remedies and procedures available under the enforcement provisions of this article are available to
persons for violations of the preceding two subsections.
§ 195-11 Enforcement.
A. A violation of this article shall be a civil infraction and shall be enforceable in the Maine Superior Court in a
civil action. Not later than two years after the act of unlawful discrimination complained of, a person who
has been subject to unlawful discrimination may file a civil action in the Superior Court against the person
or persons who committed the unlawful discrimination.
B. In any civil action under this article, the burden shall be on the person seeking relief to prove, by a fair
preponderance of the evidence, that the alleged unlawful discrimination occurred.
C. In any action filed under this article by any person:
(1) If the Court finds that unlawful discrimination occurred, its judgment shall specify an appropriate
remedy or remedies therefor. Such remedies may include, but are not limited to, any and all remedies
provided for in the Maine Human Rights Act, 5 M.R.S.A. § 4613, as same may be amended from time
to time.
() Where any person who has been the subject of alleged unlawful housing discrimination has not
acquired substitute housing, temporary injunctions against the sale or rental to others of the housing
accommodations as to which the violation allegedly occurred, or against the sale or rental of a single
housing accommodation substantially identical thereto and controlled by the alleged violator, shall be
liberally granted in the interests of furthering the purposes of this article, when it appears probable
that the plaintiff will succeed upon final disposition of the case.
() In any civil action under this article, the court, in its discretion, may allow the prevailing party
reasonable attorneys' fees and costs.
§ 195-12 Exceptions.
In addition to the other exceptions and exemptions provided in this article, this article does not:
A. Require the teaching of any particular subject in the public schools;
B. Apply to a religious corporation, association ororganization;
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C. Apply to the state or federal government, or any of its agencies, including but not limited to the University
of Maine System; or
D. Require any form of affirmative action based on sexual orientation or gender identity.
Additions are underlined, deletions struck through.
IN CITY COUNCIL ,
SEPTEMBER 28,2020
Cord 20-313
Motion made and seconded for First Reading
Vote: 9—0
Councilors Voting Yes: Fournier,Hawes,Nichols, Okafor, Schaefer, Sprague, Supica,Tremble,Davitt
Councilors Voting No: None
Passed
)J
C fT CLE
IN CITY COUNCIL
OCTOBER 14,2020
COrd 20-313
Motion made and seconded for Passage
Motion made and seconded to Amend by Substitution
Vote: 9—0
Councilors Voting Yes: Fournier,Hawes,Nichols, Okafor, Schaefer, Supica, Tremble,Davitt
Councilors Voting No: None
Passed to Amend
Motion made and seconded for Passage as Amended
Vote: 9—0
Councilors Voting Yes: Fournier,Hawes,Nichols, Okafor, Schaefer, Supica,Tremble,Davitt
Councilors Voting No: None
Passed
CI Y LERK