Maine

Who is eligible to file (students, parents, advocates, others)?

• Any aggrieved person may file a complaint with the Maine Human Rights Commission (the “Commission”). 

• Any employee of the Commission may file a complaint with the Commission alleging an act or practice of unlawful discrimination.

• If the aggrieved person is a minor child at the time of filing, the named party in a complaint must be the child's parent or legal guardian, filing on behalf of the minor child, and the child's name will remain confidential until the child reaches the age of majority. If the aggrieved person reaches the age of majority while the complaint is pending at the Commission, the investigation will continue with the aggrieved person proceeding on their own behalf without requiring amendment of the complaint. 94-348-2 Me. Code R. § 2.02.

Are there other administrative processes someone may have to exhaust before initiating a complaint? (i.e., going through school’s, district’s, or other agency’s process first, etc.)

• The only administrative processes discussed on the Maine Human Rights Commission’s website are the filing of a complaint and the submitting of an intake form. There is no other information indicating that an individual must exhaust some other administrative process before filing a complaint or submitting an intake form. See Maine Human Rights Commission, File a Complaint (last visited July 31, 2025).

How to initiate the process (relevant websites, standard forms, submission locations)

• Filing a Complaint:

  • Discrimination complaints must be filed with the Commission within 300 days after the alleged act of unlawful discrimination. For most types of claims, that 300-day deadline starts from the time that a reasonable person would have become aware of facts supporting a claim of discrimination. A complaint must be filed under oath, after being signed in front of a notary public. A complaint must identify the complainant and their address, the entity or person responsible for discrimination ("respondent") and their address, the last date of discrimination, and sufficient facts to put the respondent on notice of what the alleged discrimination is and its basis. See Maine Human Rights Commission, Frequently Asked Questions (last visited July 31, 2025); 94-348-2 Me. Code R. § 2.02.

  • A Word Document version of the Education Complaint can be accessed on the following webpage: https://www.maine.gov/mhrc/file

  • Complaints of discrimination must be filed at the office of the Maine Human Rights Commission, 51 State House Station, Augusta, Maine 04333-0051. Complaints filed with the Equal Employment Opportunity Commission (“EEOC”) and the United States Department of Housing and Urban Development (“HUD”) pursuant to work sharing agreements between the Commission and EEOC and HUD shall be deemed filed with the Commission on the date of filing with EEOC or HUD. See Maine Human Rights Commission, File a Complaint (last visited July 31, 2025); 94-348-2 Me. Code R. § 2.02.

• Submitting an Intake Form:

  • An intake questionnaire is different from a complaint in that it is less formal and does not need to be notarized. See Maine Human Rights Commission, Frequently Asked Questions (last visited July 31, 2025).

  • Completing the Intake Questionnaire does not necessarily mean that a complaint of discrimination has been filed. After the Maine Human Rights Commission receives the information provided, the Intake Officer will either (1) type a complaint of discrimination and send it to the submitter for their review and notarized signature or, (2) if the information is not sufficient to draft a complaint, call the submitter to discuss their allegations further. See Maine Human Rights Commission, Instructions for Intake Form (last visited July 31, 2025). 

  • A print and mail version of the General Intake Questionnaire can be accessed here: https://www.maine.gov/mhrc/sites/maine.gov.mhrc/files/inline-files/General_Intake.pdf

  • The electronic version of the Intake Form can be accessed here: https://mainehumanrightscommission.formstack.com/forms/intakes_2025

  • Because complaints of discrimination must be received by the commission within 300 days of the alleged act of discrimination, and intake submissions can lead to complaints of discrimination, it is inferred that intake forms should be submitted within fewer than 300 days of the alleged act of discrimination.  

Can complaints be filed anonymously or confidentially?

• The Maine Human Rights Commission’s website does not specify whether complaints can be filed anonymously or confidentially. The Commission’s FAQ page, however, states the following: “The information in your file [regarding the investigation] remains confidential until the case is either administratively dismissed or listed on a Commission Meeting Agenda. The information is shared with the parties and with their legal representatives during the investigation as long as we have a properly completed Non-Disclosure Form on file.” See Maine Human Rights Commission, Frequently Asked Questions (last visited July 31, 2025).

Are there language access requirements for complaint processes?

• The Maine Human Rights Commission has developed and implemented a Language Assistance Plan to address the identified needs of the limited English proficiency (“LEP”) populations served by the Commission. In order to provide meaningful access to LEP persons, the Commission must first identify those who need language assistance.  Commission staff may identify people who are LEP persons through communication in written, telephonic or face-to-face form.

  • In person. The Commission has posted an I Speak poster in its reception area, which is an effective tool for an LEP person to communicate the language the person speaks.  Commission staff will direct people to the I Speak poster when it is apparent that they are having difficulty speaking or understanding English.  The staff member will then utilize the language services described in this Plan.

  • In writing. If a staff member receives a written communication in a foreign language, the staff member will contact the Executive Director to determine the best way to proceed.

  • Telephone. If a staff member receives a telephone call from a person who speaks a foreign language or ASL, or has a speech or language disability, and is having difficulty communicating in English, the staff member will use a telephone interpreting service described below.

  • Record keeping. When staffers are likely to have repeated contacts with a person who is LEP (e.g., ongoing intake or complaint investigation), staffers will make appropriate notations in the paper and electronic files identifying the person as LEP, indicating the language spoken, and listing the language assistance tools requested and utilized. See Maine Human Rights Commission, Language Assistance Plan (last visited July 31, 2025).

Are there known barriers to accessing enforcement (filing fees, documentation requirements)?

• Complaints must be sworn to under oath by the aggrieved person before a Notary Public or other person authorized by law to administer oaths, or before a representative of the EEOC or HUD pursuant to work sharing agreements signed between the Commission and the EEOC and HUD. 94-348-2 Me. Code R. § 2.02.

• If the complaint is initially filed electronically, the Complainant must promptly file an original version of the signed, notarized complaint in person or by mail. See 94-348-2 Me. Code R. § 2.02. 

Can complainants have advocates or legal representation?

• Complainants may be represented by legal counsel. See Maine Human Rights Commission, Frequently Asked Questions (last visited July 31, 2025).

Are complainants entitled to legal representation or other advocates to file or at any point in the process?

• No.

What are the required elements of the civil rights claim?

• It is unlawful educational discrimination in violation of this [Maine Human Rights] Act, on the basis of sex, sexual orientation or gender identity, physical or mental disability, ancestry, national origin, race, color or religion, 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 familial status or marital status of a person or to exclude any person from any program or activity because of pregnancy or related conditions or because of sex or sexual orientation or gender identity;

  • D. Deny a person admission to the institution or program or to fail to provide equal access to and information about an institution or program through recruitment; or

  • E. Deny a person financial assistance availability and opportunity. Me. Stat. tit. 5, § 4602(1). 

Who reviews claims and what timeframes apply?

• When the Commission receives your signed Complaint of Discrimination, a Case Number is assigned, and the Respondent is provided with a copy of your Complaint along with a Request for Information and Documents. You will receive a copy of the material that is sent to the Respondent. The Respondent generally has one month to respond to your allegations. Extensions of time may be allowed at the discretion of the Commission. See Maine Human Rights Commission, Frequently Asked Questions (last visited July 31, 2025).

What type of investigation may occur?

• As soon as possible, an Investigator will be assigned to your case. You will be notified of the name of the Investigator and further communication should be made with that person. The Investigator will review your file and notify both parties as to how the investigation will proceed.

• In some cases the Investigator may decide to hold a Fact Finding Conference or Issues and Resolution Conference. In other cases they may decide to conduct an interview with you either by phone or in person. Or they may decide that there is sufficient information in the file from both parties to conclude the investigation and issue an Investigator’s Report.

• You should understand that the Investigator does not represent you or the Respondent. The job of the Investigator is to look at all of the information provided by both sides and to determine if there has been a violation of the Maine Human Rights Act. See Maine Human Rights Commission, Frequently Asked Questions (last visited July 31, 2025).

Who participates in investigations?

• The investigator assigned to the case, parties to the investigation, and legal counsel of the parties to the investigation (if applicable). Further, if there’s a fact-finding conference, the investigator may invite witnesses or other persons to attend. See Maine Human Rights Commission, Frequently Asked Questions (last visited July 31, 2025).

Are complainants entitled to a hearing of any kind? If yes, what are complainants entitled to during the hearing?

• No. 

What privacy/confidentiality protections exist?

• Prior to the conclusion of an investigation, all information possessed by the Commission relating to the investigation is confidential and may not be disclosed, except that the Commission and its employees have discretion to disclose such information as is reasonably necessary to further the investigation. An attorney will not be provided with information regarding an investigation prior to its conclusion unless the attorney (or the attorney's law firm) has entered an appearance on behalf of a party to the complaint.

• The parties to the complaint shall be required, as a condition of the investigation, to agree to maintain the confidentiality of all information that they learn through the Commission's investigatory process during the pendency of the investigation, including information learned through documents produced directly by another party when those documents are produced as part of the Commission's process. The willful failure by a party to comply with the requirement of confidentiality may result in sanctions, including, but not limited to, adverse inferences being drawn, the Commission's refusal to provide further information in the record to the party or limiting the conditions on which information may be provided to them, and/or dismissal of the complaint.

• The complaint and any evidence collected during the investigation that is a “public record” as defined by 1 M.R.S. § 402, other than data identifying persons who are not parties, shall become available to the public for review and inspection, upon written request, upon issuance of a letter of dismissal or upon listing of the complaint on a published Commission meeting agenda. The complaint and evidence collected may be used as evidence in any subsequent proceeding, civil or criminal. 94-348-2 Me. Code R. § 2.05.

• If the complaint alleges violation of the MHRA that relates to a disability, the medical/disability information may be redacted from the complaint sent with notification to the Respondent; once the Respondent provides a signed agreement to maintain information it learns through the Commission process as confidential, the Commission will upon request send an unredacted copy of the complaint to the Respondent. 94-348-2 Me. Code R. § 2.03.

• Everything said or done during and as part of the Commission's informal endeavors to eliminate unlawful discrimination by conference, conciliation and persuasion is confidential and may not be disclosed without the written consent of the parties concerned or used as evidence in any subsequent proceeding, civil or criminal, except in a civil action alleging a breach of the agreement filed by the Commission or a party. Notwithstanding this provision, the Commission and its employees have discretion to disclose such information to a party as is reasonably necessary to facilitate conciliation. Post-finding conciliation agreements to which the Commission is a signatory are public records. 94-348-2 Me. Code R. § 2.09.

Are school districts required to publicly post civil rights complaint procedures?

• I have not identified a state law or rule requiring school Maine school districts to publicly post civil rights

What is the appeals process, if any?

• The Commission’s Executive Director may, in their discretion, administratively dismiss complaints of discrimination for reasons including, but not limited to, lack of jurisdiction, failure to substantiate the complaint of discrimination, and failure to file a complaint of discrimination within 300 days of the date of alleged discrimination. Requests for reconsideration of the Executive Director’s decision to administratively dismiss a complaint may be made only by a party to the complaint or by a member of the Commission’s staff. Requests for reconsideration shall be made only where there has been a significant factual or legal error or omission, or to bring forth new information that could not have been presented previously. All requests for reconsideration shall be subject to the discretion of the Executive Director. 94-348-2 Me. Code R. § 2.02. 

• If you want to file a civil action directly in Superior Court, and not have the Maine Human Rights Commission investigate your complaint, and if your complaint has been filed with the Commission for 180 days or more, you may ask for a Right-to-Sue letter. The Commission will issue you the letter, and immediately stop the investigation of your complaint of discrimination. We will administratively dismiss your complaint upon your request for a Right-to-Sue letter. If you request a Right-to-Sue letter after the Commission issues an Investigator’s Report and publishes the case on a Commission agenda, the Commission is not required to issue the letter to you. At that time, the Commission has discretion not to issue the Right-to-Sue letter and usually refuses to do so, because the Commission staff has invested time and resources in completing the investigation process. Maine Human Rights Commission, Frequently Asked Questions (last visited July 27, 2025); see 94-348-2 Me. Code R. § 2.02.

• The Commission is the State agency that is responsible for investigating complaints of discrimination under the Maine Human Rights Act. This is different from a court action. Following the investigation, if the case is not resolved and you wish to pursue a binding order under the Maine Human Rights Act, you must file an action in the Maine Superior Court. The Commission itself will file a court action in only a small number of cases in which it finds reasonable grounds to believe that unlawful discrimination occurred. The deadline for filing a court action is the greater of either 2 years after the act of alleged discrimination or 90 days from a dismissal, right-to-sue letter, or failed conciliation. Maine Human Rights Commission, Frequently Asked Questions (last visited July 31, 2025).

Are remedies legally enforceable once a violation is found?

• Signed conciliation agreements entered into during an investigation by the Maine Human Rights Commission  are legally enforceable.

Are there other administrative processes that must be exhausted before taking legal action?

• None identified. 

Do state agencies publish complaint outcome data?

• Yes. Maine Human Rights Commission, Reasonable Grounds Decisions & Reports (last visited Aug. 1, 2025).

What enforcement mechanisms exist for non-compliance?

• The Maine Human Rights Commission does not have enforcement power. However, when post-determination conciliation efforts have failed, the Commission Counsel or their designee is authorized to file a civil action in the Superior Court seeking appropriate relief, including, but not limited to, temporary restraining orders and preliminary injunctions. See 94-348-2 Me. Code R. § 2.10.