More Time for Discrimination Claims

More Time for Discrimination Claims

Public Law 235, an amendment to the Maine Human Rights Act, took effect last month and might take a few employers by surprise. The amendment extends the period for filing a complaint with the Maine Human Rights Commission from 6 months to 300 days.  The amendment also affects the two-year statute of limitations for filing a lawsuit under the Act. Under the new law, complainants must commence judicial proceedings either within 2 years after the last act of alleged discrimination or within 90 days from one of the events listed in 5 M.R.S.A. § 4622(1)(A)-(D), whichever period is longer.  The new law also gives the Commission two years to complete its investigation under section 4612(1)(B). Legal counsel for the Commission, John Gause, advises that the amendment is retroactive, meaning that it applies to pending cases as well as to cases filed after the effective date. Still, he recommends that the Commission process cases filed before the effective date under the old system so that complainants will have an opportunity to begin a lawsuit within the original two-year statute of limitations.