Maine Legislature Enters Fray Over Disability Definition
By Foy Meyer III and Daniel W. Walker
On Thursday, April 5, 2007, the Judiciary Committee of the Maine State
Legislature held a public hearing regarding LD 1027, An Act to Clarify the
Definition of Physical or Mental Disability in the Maine Human Rights Act. LD
1027 seeks to reverse the Maine Law Court’s controversial disability
discrimination ruling one year ago in Whitney v. Wal-Mart Stores,
Inc.
The Issue: In the aftermath of Whitney, the Maine Human
Rights Commission revamped its regulations to stretch the definition of the term
“disability” under the Maine Human Rights Act to cover impairments of virtually
every kind.
What is LD 1027?
- LD 1027, which is sponsored by Senator Peter Mills, will try to return the
term “disability” to its former meaning, which for more than twenty years was
limited only to “conditions that substantially limit one or more major life
activities.”
- This definition would bring Maine back into line with the federal
Americans with Disabilities Act as well as the definitions adopted by statute in
forty-five other States.
- In the coming weeks the Judiciary Committee will hold work sessions to
consider whether to recommend passage of the bill.
How can you get involved? As the disposition of this bill promises to
have a critical impact on Maine employers, we are encouraging members of the
employer and human resources community to contact members of the Judiciary
Committee and your own legislators to express support for a return to the
longstanding more workable definition of disability. The following are
resources for getting informed or getting involved:
Link to Bill LD-1027:
http://www.mainelegislature.org/legis/bills/billtexts/LD102701.asp
Link to Judiciary Committee Members:
http://janus.state.me.us/house/jt_com/jud.htm
Contact Dan Walker at Preti Flaherty for assistance in contacting legislators
or with any further questions: (207) 623-5300, dwalker@preti.com
Among those testifying in support of the bill during the lengthy public
hearing were members of the Responsible Employers Alliance, a coalition of over
95 Maine businesses and trade associations supporting LD 1027. The alliance
includes representatives from several high-profile Maine employers, including
Bath Iron Works, Hannaford, Unum Provident, Oakhurst Dairy, SYSCO Food Services,
and the Maine Municipal Association, among others.
