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Amend the amendment by striking out all of section 6 (page 1, lines 17 and 18 in amendment) and inserting the following:
‘Sec. 6.  5 MRSA §4572, sub-§3  is enacted to read:
 
3.  Family caregiver status.    A claim for unlawful discrimination based on family caregiver status may be maintained only for intentional employment discrimination caused by a covered entity’s unwarranted stereotyping or intentional bias or prejudice relating to the complaining party’s status as a family caregiver.
 
Inclusion of family caregiver status in this subchapter does not create a right to accommodation for family caregivers or impose any duty on a covered entity to alter work schedules or other conditions of employment, to grant leave or to provide other benefits to a family caregiver because of family caregiver status if the covered entity does not also provide the same conditions, leaves or benefits for other employees and is not otherwise required to provide such concessions under other state or federal laws.
 
A claim for unlawful employment discrimination based on family caregiver status may not be maintained based on disparate impact.’
 
SUMMARY
This amendment deletes the section of Committee Amendment "A" that establishes a rule of construction in unallocated language.
This amendment adds a new provision to the Maine Human Rights Act in the description of what constitutes unlawful discrimination to clarify that a claim for unlawful discrimination based on family caregiver status may be maintained only by proof that the complaining party has been harmed by a covered entity's bias, prejudice or unwarranted stereotyping relating to the claimant's status as a family caregiver. The new provision provides that the inclusion of family caregiver status as a prohibited category of discrimination does not create a right to accommodation or impose any duty on employers to alter work schedules or other conditions of employment.
FISCAL NOTE REQUIRED
(See attached)