Maine Law for the Lesbian, Gay, Bisexual, and Transgender Community
Posts tagged discrimination
Discrimination under the Maine Human Rights Act
Sep 16th
Have you been told by a potential landlord that you were denied for housing because of your sexual orientation, gender identity, or gender expression or that it was because they did not approve of the sex of your partner or of your “lifestyle”? Has an employer made an adverse job decision that has negatively affected you because of your sexual orientation, gender identity, or gender expression? If so, then you might consider speaking to a lawyer about your rights and the Maine Human Rights Commission. The Maine Human Rights Commission is a state agency that is in charge of investigating and enforcing Maine’s anti-discrimination laws, as set out in the Maine Human Right Act. The Maine Human Rights Act covers areas ranging from employment, housing, and public accommodations to fair credit extension and educational opportunities. The Act outlines the definition of sexual orientation in the act as being actual or perceived “heterosexuality, bisexuality, homosexuality or gender identity or expression.”
Even though many of us may believe and wish to believe that discrimination against our fellow community members is lessening over the years, it is always good to know that there is a state agency that is vested with the power to hear complaints related specifically to discrimination based on our actual or perceived sexual orientation, gender identity, or expression. To learn more about the Maine Human Rights Commission and their procedures– visit their homepage – they even have an online form to submit complaints.
There are other actions you can take in addition to going through the Maine Human Rights Commission. You may have a case under federal law or in state court. If you believe that a discriminatory act has happened to you, you should seek the advice of counsel immediately.
New Federal Guidance on Housing Discrimination
Jul 21st
Earlier this month, the U.S. Department of Housing and Urban Development (“HUD”) issued guidelines about housing discrimination based on sexual orientation or gender identity. The new guidelines makes clear that HUD’s position on such discrimination is that it is prohibited under the Fair Housing Act, although the federal law does not currently specifically state that it covers sexual orientation or gender identity discrimination.
A new development in the HUD guidance is that the agency now indicates that discrimination against transgender or transsexual individuals may be considered sex discrimination under the Fair Housing Act. At least one federal court has also indicated that gender identity discrimination may be covered under laws barring sex discrimination.
Although this guidance provides a way for lawyers fight for clients who have been discriminated against on the basis of sexual orientation or gender identity, amending the Fair Housing Act to include sexual orientation or gender identity as illegal grounds for discrimination would do far more to deter such conduct.
Probate Judges must give reasons for denying name changes
Jul 6th
The Law Court recently returned a decision on the appeal of a name change of a transgender identified individual. The Law Court, in their decision, noted that there was nothing in the record that evidenced fraud on the part of the petitioner and remanded the case back to the Probate Court for further action. The Law Court directed the Probate Court that if the request for name change was denied, again, that the decision be in writing and with details as to the reason for the denial. No action has happened since the decision was published, but it is anticipated that an additional hearing will take place in the near future.
The reason this is interesting for transgender individuals is because some Probate Courts have requested additional information from transgender identified petitioners that are not related to the statute or case law for name changes in the State of Maine. The decision from the Law Court did not address the additional level of scrutiny that has been applied by some Probate Judges to perceived transgender petitioners, but it is anticipated that if the Probate Court denies the name change on the basis of the petitioner’s transgender status, that this will become an issue before the Law Court in the near future.