House rejects changes Human Rights Act to stand as written

AUGUSTA – House members chose not to tinker with the Maine Human Rights Act on Friday. LD 1599, which would have exempted supervisors from discrimination lawsuits, was rejected by a vote of 71-53.

The bill was proposed to clarify an area of the Human Rights Act that was left vague by Maine Supreme Judicial Court decisions. But legislators decided to let the law court decide the matter.

Rep. William J. Schneider, R-Durham, said the bill was needed since the state supreme court ruled in a recent case that supervisors were liable for discrimination lawsuits and damages. Before that decision, only employers were liable for damages.

The bill would help victims, supervisors and employers, Schneider told the House. Victims would benefit because employers normally have greater ability to pay damages than supervisors would. Supervisors would benefit by not being made the scapegoat in a discrimination action. Now, employers could “point the finger” at supervisors to avoid damage claims and get off “scot-free” from any payments, he said. Employers would benefit from having the law spelled out clearly. The change would encourage employers to develop effective training programs to avoid discrimination in the workplace, Schneider said.

But fellow Attorney Rep. Charles Laverdiere, D-Wilton, argued the “well intentioned, complicated” bill could leave the victim of discrimination with no one to sue. If supervisors were exempted and employers argued that the supervisor committed the discrimination despite thorough training, “the victim would have no one to go after,” Laverdiere said.

The courts created the ambiguity in discrimination cases and should have the responsibility to clarify the situation, Laverdiere said.

The Judiciary Committee split on the bill with 5 for the bill as written, 5 against, and 3 favoring an amended version.

The bill will proceed to the Senate with virtually no chance of passage.