Republican Lawmaker Seeks to Add ‘Political Affiliation’ as Protected Class Under Maine Human Rights Act

A Maine Republican lawmaker has introduced a bill that would classify political affiliation as a protected class under the Maine Human Rights Act, on equal footing with sexual orientation, race, “gender identity” and other classes that are protected from discrimination in employment, housing, education and other public accommodations.

Sponsored by Sen. James Libby of Cumberland, LD 10, or “An Act to Add Political Affiliation as a Protected Class to the Maine Human Rights Act,” would add “political affiliation” to the list of protected classes currently recognized in the Maine Human Rights Act.

Current protected classes under the Maine Human Rights Act are race, color, sex, sexual orientation or gender identity, physical or mental disability, religion, age, ancestry, national origin or familial status.

“Political affiliation” is defined in Sen. Libby’s bill as “belonging to or endorsing a party or a particular political philosophy, creed or ideal.”

Protected status, as detailed in the Maine Human Rights Act, provides protection from discrimination in employment, housing, education, extension of credit or access to public accommodations.

The protected status clause also recognizes protection from discrimination or retaliation on the basis of an assertion of the rights listed under the act, meaning under Sen. Libby’s bill, an individual asserting their political beliefs in the workplace would be equally as protected from discrimination as an assertion of sexual orientation or gender identity.

Similar state-level provisions adding political affiliation as a protected class have been adopted in other states, including New York and California.

When introducing the bill before the Legislature’s Judiciary Committee in Wednesday public hearing, Sen. Libby focused largely on the issue of workplace discrimination based on political affiliation and the freedom for employees to make political statements on social media without fear of retaliation.

“An employer that, for example, refuses to hire applicants who vote Democrat or Republican, or Green or any other, fires anyone who supports gun control, or demotes anyone who runs for the local school board, is engaging in political discrimination,” Libby said.

“Never have I thought, in a nonpartisan way, that we needed this more than we need it this year, never have I thought that,” Libby said.

“It really doesn’t matter what political party you’re in, or what your beliefs are,” he added. “There are a lot of people in Maine that live in fear of losing their job for this particular reason.”

Judiciary Committee member Rep. Adam Lee, D-Auburn, asked Libby about a hypothetical case in which a landlord receives a rental application from an individual who “make[s] clear that they’re a member of the Nazi Party and believe that all non-Aryans should be exterminated.”

“It would be unlawful under this bill for me to refuse them a rental agreement on that basis, correct?” Rep. Lee asked.

“Yeah, absolutely that’s correct,” Libby replied. “I mean, we’re not making judgments here, it’s across the board — it’s a pretty sweeping piece of legislation that you’re looking at for sure.”

“And I wouldn’t want that to happen, obviously, I’m not a fan of the Nazi Party, frankly, and neither are you,” he added.

Kit Thomson Crossman, executive director of the Maine Human Rights Commission, testified neither for nor against Libby’s proposed bill.

“The Maine Human Rights Act addresses adverse treatment against individuals based primarily upon their innate characteristics,” Crossman said. “Generally we’re talking about characteristics over which people have no control — sex, race, disability — or which involve a sincerely held belief, like religion, and I think probably one could argue political belief falls perhaps in that category.”

Crossman said due to the broadness of the definition of political affiliation in the bill as proposed, the Commission anticipates a significant number of complaints related to discrimination on the basis of political affiliation, and would therefore need to hire an additional full time investigator.

A fiscal note attached to the bill indicates that an additional full time investigator at the Human Rights Commission would cost about $104,000 in fiscal year 2025-2026.

After Wednesday’s public hearing, the bill will be subject to a work session in the Judiciary Committee.

Libby previously sponsored the same bill in the 131st Legislature, when it was eventually voted down both in the House and Senate in June 2023.