Eaton Peabody

What is a disability? In 2006, the Maine Supreme Court essentially answered that question as follows: Just about anything.

In an effort to address the Maine Supreme Judicial Court’s decision in Whitney v. Walmart, Senator Peter Mills has introduced LD 1027, an “Act to Clarify the Definition of ‘Physical or Mental Disability’ in the Maine Human Rights Act.” This legislation, if adopted, would amend the Maine Human Rights Act definition of “physical or mental disability” and would make Maine’s definition consistent with federal law. The proposed definition is the same one used by the Maine Human Rights Commission prior to the Whitney v. Walmart decision. The application of this single definition will allow employers to more accurately determine which employees are entitled to accommodation under the law. The Judiciary Committee has scheduled a hearing on this bill for Thursday, April 5, 2007 at 1:00 pm, State House, Room 438.

It is important that Maine employers show support for this proposed legislation.

We strongly encourage employers to participate in supporting the passage of LD 1027 either through direct contact with local legislators or your individual trade organizations

If you have questions regarding LC 1027 or would like additional information, please contact Clare Hudson Payne or Sarah E. McCarthy at 207-947-0111 for further information.

This alert is provided as general information, and is not a substitute for legal or other professional advice.