Maine — Workplace Discrimination

The Maine Human Rights Act (MHRA) prohibits employment discrimination based on race, color, sex, sexual orientation, gender identity, physical or mental disability, religion, age (any age), ancestry, national origin, genetic predisposition, and familial status. Under 5 M.R.S. § 4553, the Act applies to all employers, employment agencies, labor organizations, and joint labor-management committees in Maine, with no minimum employee threshold—making coverage broader than federal Title VII, which requires 15 employees. The Act also prohibits retaliation against individuals who oppose practices that would violate the MHRA or who participate in MHRA proceedings.

Source: 5 M.R.S. § 4553, 5 M.R.S. § 4571, 5 M.R.S. § 4572

A complaint alleging unlawful discrimination under the Maine Human Rights Act must be filed with the Maine Human Rights Commission within 300 days after the alleged act of discrimination. This administrative filing deadline applies to all claims under the Act, including employment discrimination based on any of the protected classes. The complaint must be filed under oath, stating the facts concerning the alleged discrimination.

Source: 5 M.R.S. § 4611

When a court finds that unlawful discrimination occurred under the Maine Human Rights Act, it may order a wide range of remedies under 5 M.R.S. § 4613(2)(B). The remedies structure differs significantly depending on whether the case involves employment discrimination against an employer with more than 14 employees, and whether the discrimination was intentional.

## Equitable and injunctive relief

All discrimination cases support equitable remedies, which include: (1) cease-and-desist orders; (2) employment or reinstatement of the victim, with or without back pay; (3) reinstatement in a labor union; and related equitable relief. These remedies are available regardless of employer size or the nature of the violation. Back pay and interest on back pay remain available without statutory cap as part of equitable relief.

## Civil penal damages

For unlawful discrimination other than employment discrimination cases where the respondent has more than 14 employees, the court may order civil penal damages on a tiered scale based on the respondent's violation history under the MHRA. Under 5 M.R.S. § 4613(2)(B)(7), the caps are:

• First violation: up to $20,000
• Second violation arising under the same subchapter: up to $50,000
• Third or subsequent violation arising under the same subchapter: up to $100,000

The total civil penal damages awarded in any single action may not exceed these per-violation limits. These civil penal damages may be paid to the victim, to the Maine Human Rights Commission if it brought the action, or to both.

## Compensatory and punitive damages for intentional employment discrimination

In cases of intentional employment discrimination where the respondent has more than 14 employees, a different damages regime applies under 5 M.R.S. § 4613(2)(B)(8). The complaining party may recover compensatory and punitive damages, subject to combined caps that vary by employer size.

Compensatory damages under this provision cover future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses. Compensatory damages do not include back pay, interest on back pay, or other relief authorized elsewhere in the statute—those remain available without limit as equitable relief under subsection (2).

Punitive damages are available if the complaining party demonstrates that the respondent engaged in discriminatory practices "with malice or with reckless indifference" to the rights protected by the MHRA, under 5 M.R.S. § 4613(2)(B)(8)(c). Punitive damages may not be awarded against a governmental entity (as defined in 14 M.R.S. § 8102(2)) or against a governmental employee acting within the scope of employment.

Combined caps on compensatory and punitive damages for intentional employment discrimination, per complaining party, under 5 M.R.S. § 4613(2)(B)(8)(e), are:

• 15–100 employees: $50,000
• 101–200 employees: $100,000
• 201–500 employees: $300,000
• More than 500 employees: $500,000

The employee count is measured by the number of employees in each of 20 or more calendar weeks in the current or preceding calendar year, mirroring the federal Title VII counting methodology. The jury may not be informed of these caps under subsection (8)(g), and the caps do not apply to disparate-impact cases under subsection (8)(h).

## Actual damages in housing discrimination

For discriminatory housing practices, courts may order actual and punitive damages in addition to the other remedies listed above, under 5 M.R.S. § 4613(2)(B)(9). The statute clarifies that this provision does not limit actual damages available to plaintiffs alleging other forms of discrimination if actual damages are otherwise available under the Act. The same governmental-entity punitive-damages exclusion applies.

## Procedural notes

If a complaining party seeks compensatory or punitive damages under subsection (8), any party may demand a trial by jury. Attorney's fees and costs are separately authorized under 5 M.R.S. § 4614 for prevailing parties.

The Maine remedies framework is broader than federal law in key respects. Maine's MHRA applies to all employers with no minimum employee threshold for coverage (unlike Title VII's 15-employee floor), so the tiered civil penal damages for small-employer and non-employment cases create exposure not present under federal law. For larger employers, the combined compensatory-plus-punitive caps under Maine law mirror the federal structure but may stack with federal damages if claims are brought under both statutes.

Source: 5 M.R.S. § 4613