Maine Know Your Rights - Page 5 of 16 - GLAD Law
跳过标题到内容
GLAD Logo 跳过主导航到内容

消息

缅因州新出台的确认收养法增强了 LGBTQ+ 家庭的安全性

A new law championed by Rep. Matt Moonen and signed yesterday by Governor Janet Mills provides key protections for LGBTQ+ families that reflect and amplify Maine’s longstanding commitment to protecting all children. LD 1906 will provide LGBTQ+ parents and their children with greater security, particularly if they travel or move to places outside of Maine that are less LGBTQ-friendly.

The legislation, LD 1906 An Act to Enable Confirmatory Adoption, streamlines the adoption process for parents who have had a child through assisted reproduction and are already parents under Maine law, to secure their parentage through an adoption decree. The new law removes cumbersome, costly, and unnecessary barriers, like waiting periods and home inspections, that non-biological parents often face when adopting their own children.

“We’re grateful for the leadership of Representative Moonen and for the thoughtful consideration of the Judiciary Committee, as well as to Governor Mills for signing this important law to advance fair and equal treatment for LGBTQ+ families,” said Mary Bonauto, GLBTQ Legal Advocates & Defenders (GLAD) Senior Director of Civil Rights and Legal Strategies.

“LGBTQ+ parents are rightfully worried about the safety of their children and families in light of escalating bias and discrimination across the country,” added Polly Crozier, GLBTQ Legal Advocates & Defenders (GLAD) Director of Family Advocacy. “We have seen judges in other states strip non-biological parents of their parental rights, and we all know that extremists are escalating legislative attacks on LGBTQ+ people. An adoption decree provides additional security for LGBTQ+ families especially if they travel or move outside of Maine.”

Maine has been a leader in ensuring every child has the security of a respected legal relationship with their parent or parents. The state passed the comprehensive Maine Parentage Act in 2015, which clarified the law of parentage and served as an impetus for other states to improve their protections. In 2021, Maine became the 10 state in the country to permit LGBTQ+ parents to secure their parentage through a simple administrative form, an Acknowledgment of Parentage, that has been available to different-sex parents for decades.

Under the new law parents of children born through assisted reproduction who are parents under the Maine Parentage Act need only submit to the court a petition signed by both parties that includes a copy of the child’s birth certificate, an explanation of the circumstances of the child’s birth through assisted reproduction, an attestation that each petitioner consented to the child’s birth through assisted reproduction, an attestation that no competing claims of parentage exist, and a copy of the parents’ marriage certificate, as applicable.

The court will then grant the adoption within 60 days of finding that either the parent who gave birth and the spouse were married at the time of the child’s birth and the child was born through assisted reproduction; or, for nonmarital parents, that the person who gave birth and the non-marital parent consented to the assisted reproduction; and that no competing parental claims exist.

A report published earlier this month by the Movement Advancement Project (MAP) with COLAGE, Family Equality, GLAD, and NCLR, 关系岌岌可危:为何我们需要更新州亲子法以保护儿童和家庭 chronicles how the current patchwork of parentage laws across the country – many of which, unlike in Maine, have not been updated in decades – leaves LGBTQ+ parents and their children vulnerable. In the context of that continuing vulnerability throughout the country, LD 1906 adds one more critical avenue of protection for LGBTQ+ families in Maine.

GLAD was joined in testimony supporting LD 1906 by Equality Maine and American Academy of Pediatrics, Maine Chapter.

消息

The ACLU and GLAD are urging Maine’s public school leaders to protect students’ rights and inclusive learning environments

The ACLU of Maine and GLBTQ Legal Advocates & Defenders (GLAD) today sent a letter to Maine’s public school leaders demanding they uphold their own legal obligations and students’ First Amendment rights by stopping efforts to ban and censor books.

People in several communities and some lawmakers have called on schools to ban books, most frequently targeting stories of LGBTQ people and people of color. The open letter comes after the ACLU of Maine wrote individually to several Maine districts considering book bans over the past months.

Removing books from public school libraries simply because some people may disagree with their content threatens critical legal protections. Students have the right to equal educational opportunity and a First Amendment right to speak and receive information freely. The United States Supreme Court held over 40 years ago in Board of Education v. Pico that “local school boards may not remove books from school library shelves simply because they dislike the ideas contained in those books.”

“The organized national campaign to ban books featuring people of color and LGBTQ people has been exported to Maine,” said Mary L. Bonauto, Senior Director of Civil Rights and Legal Strategies at GLAD. “All students, including LGBTQ students and those whose races and ethnicities are smaller minorities in our communities, also need and deserve to learn in an environment that accepts and reflects who they are. This is why our laws protect students’ rights to access books in which they can see themselves, understand their history, and engage critically with the world around them.”

Access to books about LGBTQ people and people of color creates a more inclusive and supportive environment for students who see their own history and experiences reflected in those books. It also provides important opportunities for students to learn about experiences that differ from their own.

“Debates over whether to allow students to access specific books lose sight of one of public schools’ most fundamental roles: to teach young people to think for themselves,” said ACLU of Maine Legal Director Carol Garvan. “Students are better prepared to join and lead our society when they can access information from an array of viewpoints and freely exchange ideas. When politicians attempt to sanitize and whitewash our places of learning, students lose the opportunity to understand the world around them and draw their own conclusions.”

The letter notes that “when books are removed because community members disagree with the author’s message or point of view, that paves the way for an unending series of attempts to deny all children access to information based on personal views about what is objectionable for some children. Schools are too important to children’s development and the future of our country to become an arena for political intolerance.”

The letter asks “school board members, superintendents, and librarians to take a stand against censorship and protect student access to an equal and safe educational environment by resisting calls to remove books from school libraries.”

阅读信件.

2023 Pride Events

About the Events

It’s Pride season and we can’t wait to celebrate at Pride events across New England! If you will be attending any of the events below, we hope you will stop by our GLAD table to say hello, check out some resources, and grab some free GLAD swag.


And don’t miss us this fall at 哈特福德骄傲节 on September 9 and Worcester Pride on September 10!

青年组织 | 缅因州

  • 平等缅因州 是缅因州历史最悠久、规模最大的组织,致力于为缅因州的女同性恋、男同性恋、双性恋、变性人和酷儿创造一个公平公正的社会。 
  • Hallowell Pride Alliance celebrates Hallowell and its LGBTQ+ community by offering education, outreach, advocacy and celebration in and around Hallowell.
  • 缅因州运输网络 provides support and resources for the transgender community, families, and significant others, and raises awareness about the varied forms of gender identity and expression by providing training and consultation for mental health and social service professionals.
  • 缅因州青年行动网络(MYAN) 是一个覆盖全州的忠诚成年人和热情年轻人网络,他们相信青年领导的变革力量。 
  • 新的开始 serves runaway and homeless youth and their families.
  • 缅因州以外 creates more welcoming and affirming communities for LGBTQ+ youth in all of their intersectional identities.
  • Outright Lewiston/Auburn aims to create safe environments for Maine’s LGBTQ+ community between the ages of 12 and 21.
  • PFLAG is the nation’s largest organization dedicated to supporting, educating, and advocating for LGBTQ+ people and those who love them.
  • 波特兰直接 is a youth-driven program that offers support and services to LGBTQQ+ and Allied young people in the greater Portland, Maine area.
  • 跨性别青年平等基金会 based in Maine TYEF serves all of New England, providing education, advocacy and support for transgender and gender non-conforming children and youth and their families.

Youth | Schools | Maine

(西班牙语)

Youth | Schools | Maine

Public schools are public – meaning they are 为了 每个人. All students and families in a school district belong in the school community.  

For student success, schools must provide safe, supportive, and welcoming environments so that all students can learn. This includes LGBTQ+ students. 

Several different laws protect you against discrimination, bullying, and harassment at school by your peers or by adults. (These laws apply to all public schools and to private schools that receive government funding.) These prohibitions come from state law (such as the Maine Human Rights Act and Maine anti-bullying laws), federal nondiscrimination laws (including one called “Title IX” – about sex discrimination – and another called “Title VI” – about discrimination based on race, color, and national origin), and the U.S. Constitution. These are powerful protections for students, and they can be used to hold schools accountable for what happens on their watch.  

At the local level, you might also have rights under policies adopted by your school board. You can often find those types of policies on the website of your school board or school district. 

Your parents also have rights related to your education – whether they agree with how you identify, disagree, or are somewhere in the middle. We mention some of those rights below. We also have suggestions at the bottom of this page for how parents, students, and schools can work together to get the best outcomes for students.  

This page provides an overview of the rights of students. Visit our Rights of LGBTQ+ Students in Maine page to learn more about the laws providing these protections, what to do if you believe your rights are being violated, and other organizations that can support you. These pages are not legal advice; the law can be complicated, and how it applies to your situation will depend on specific circumstances. 如果您对最近的法院和行政行动对您在《第九条》下的权利的影响有任何疑问,请访问我们的 第九条“了解你的权利”页面 了解更多信息。

This page was last updated in November 2024. This area of law is continuing to develop.  

Names & Pronouns

If you would like school staff to use your chosen name and pronouns, the Maine Human Rights Commission suggests that you or your parents should make that request to school staff in writing. Their position is that the school must then use your chosen name and pronouns on all documents and in all communications. However, your official student record has to use your legal name. If you have had a legal name change, your parent or guardian can ask the school to update your official record.  

If you ask your school to use a chosen name for you but have not yet talked to your parent or guardian about that, you should know that using a nickname or other new name at school means that others will have and could share that information. And if you are a minor (under age 18) or in some other circumstances, your parents have a right to look at your student records. If you need help deciding whether to ask your school to use your chosen name, you should strongly consider talking with a trusted adult at home or at school first. A trusted adult might be able to help you think about your specific situation, or make a plan to share that part of yourself with a parent or guardian. You can also check to see whether your school has a policy listing a specific person to support transgender students. (Those policies are often on school board websites and may be titled “ACAAA” or “JB.”) 

Learn more about the laws on names and pronouns 

Athletics & School Facilities 

The Maine Human Rights Commission has stated that you are allowed to compete on high school sports teams consistent with your gender identity. The Maine Principals’ Association (which governs high school athletics) gives schools the authority to verify a student’s gender identity for the purpose of playing a sport – but your school is not allowed to request medical records or official documents to do so.  

You also have the right to use the toilet, locker room, and shower facilities consistent with your gender identity.  

Schools can decide to give any student—LGBTQ+ or not—the option to use facilities that provide extra privacy (like a single-stall restroom or curtained changing areas in a locker room). But schools can’t require you to use separate facilities based on your gender identity.   

 Learn more about the laws on athletics and school facilities. 

Student Appearance 

You are allowed to dress in line with your gender identity. If the school has a dress code, it should be applied consistent with your gender identity. 

Learn more about the laws on student appearance. 

政府采购协议

If you attend a public secondary school or a secondary school that receives any federal funding – which includes many private schools – and if your school allows any non-curricular clubs (a club not associated with a subject taught at your school) to meet during non-classroom time, you have the right to start a Gender & Sexuality Alliance (GSA) or other LGBTQ+ club. 

得益于一项名为 平等机会法案, your school is not allowed to discriminate against a GSA just because it addresses issues related to LGBTQ+ students.  

Learn more about your rights to create a GSA.    

学校咨询

If you are being counseled by a school counselor or school social worker, they 可能 be able to keep information you share confidential under a specific Maine law. This law applies to school counselors and school social workers who meet certain requirements. However, even counselors and social workers who meet those requirements can share information with another adult if you or others are in danger, or if they need to report child abuse or neglect. If you are trying to decide whether to talk with the counselor or social worker at your school, you can ask them to explain whether they are allowed to keep information confidential, and under what circumstances they would share what you tell them with your parent, guardian, or another adult.  

 
Maine has a law to protect you from the practice of “conversion therapy,” a practice which seeks to change a person’s sexual orientation or gender identity. School social workers and school counselors (and other licensed healthcare professionals) who practice conversion therapy can face discipline.  

Learn more about school counseling laws. 

Bullying & Harassment

You have the right to attend schools that are safe, secure, and peaceful environments so you can get the education you deserve. The Maine legislature has said that bullying can negatively impact the school environment and student learning and wellbeing. That is why bullying and discrimination are prohibited in Maine.  

Bullying based on your actual or perceived sexual orientation, gender identity, or other protected characteristics (including your race and ethnicity, religion, national origin, socioeconomic status, age, disability, gender, physical appearance, weight, and family status) is prohibited in Maine. Bullying is not allowed online or on any school property. 

Bullying includes any communication (written, oral, or electronic) or physical act or gesture that: 

  • 对您或您的财产造成伤害,或使您合理地担心受到伤害; 
  • 营造令人恐惧或充满敌意的学校环境;或 
  • 影响您的学习成绩或参加学校活动的能力。 

Schools must have policies and procedures to prevent bullying and cyberbullying and address it when it occurs. 

Learn more about anti-bullying laws. 

School and Parent Collaboration

在某些情况下,学生、其家长或监护人以及学校可能难以就如何更好地支持学生达成一致。如果您和家长意见一致,但难以让学校接受您的观点, see GLAD Law’s suggestions on steps you can take together

其他时候,学生可能先在学校寻求支持,然后再回家寻求帮助,并可能要求学校支持他们与家长或监护人讨论各种问题。如果家长或监护人不同意孩子在学校表达性别认同或性取向的方式,缅因州人权委员会建议学校应尽可能地遵循学生的意愿。 当他们在学校的时候。 实际上,学校可能会考虑学生的个人情况,例如学生的年龄、成熟度、学校参与度、学校从学生和家庭那里听到的信息以及有关如何进行的任何其他相关信息。  

正如学生依法享有某些权利一样,家长也享有某些权利。家长可以在家中、学校门户网站以及与老师或工作人员会面来监控孩子的学习进度。家长通常与孩子关系密切,并且非常了解孩子,因此能够察觉到何时需要与孩子讨论一些事情。许多学校希望与家长建立合作伙伴关系。理想情况下,学校工作人员和家长可以相互沟通,了解如何帮助每个孩子在学校取得成功。  

当出现分歧时,记住这一点会有所帮助:家长、老师、学校管理人员和教职员工都希望学生在课堂内外都能快乐、健康、成功。父母永远是孩子的老师。虽然父母可以而且确实会在家里向孩子灌输他们的价值观,但学校必须管理学生和学校的运营。正因如此,法院绝大多数驳回了家长可以根据他们对教育工作者应如何履行职责的信念来指导学校日常运作的说法。   

Learn more about laws on parents and education.

If you believe your rights are being violated, visit our 缅因州 LGBTQ 学生的权利 页面来了解您可以采取哪些步骤的更多信息。  

还有其他问题吗? Contact GLAD Answers for free and confidential legal information, assistance, and referrals. Complete the online intake form at GLADAnswers.org, 电子邮件 GLADAnswers@glad.org或拨打 800-455-GLAD 留言。 

This page is endorsed by 缅因州美国公民自由联盟, 平等缅因州, 和 缅因州以外.

Youth | Justice | Maine

Youth | Discrimination | Maine

Does Maine have an anti-discrimination law protecting LGBTQ+ individuals from discrimination?

Yes. On November 8, 2005, Maine voters agreed to keep in place a law, LD 1196, “An Act to Extend Civil Rights Protections to All People Regardless of Sexual Orientation”, passed by the Legislature and signed by the Governor in the spring of 2005. The law went into effect December 28, 2005.

This marks the end of a long struggle in Maine to achieve legal protections for LGBTQ+ people. In November 1995, Maine voters rejected an attempt to limit the protected classes to those already included within the non-discrimination law. In May 1997, Maine approved an anti-discrimination law based on sexual orientation, but this law was repealed in a special election in February 1998. Then in November 2000, by the smallest of margins, Maine voters failed to ratify a second anti-discrimination law that had been approved by the legislature.

The law provides protection against discrimination based on sexual orientation which is defined as “… a person’s actual or perceived heterosexuality, bisexuality, homosexuality or gender identity or expression” (5 Me. Rev. Stat. sec. 4553 (9-C)).

Does it also protect people perceived as LGBTQ+?

Yes. The non-discrimination law specifically covers people who are perceived to be LGBTQ+.

反歧视法针对哪些类型的歧视?

The Maine law prohibits discrimination in:

  • 就业
  • 公共场所
  • 住房
  • Credit and
  • Education (5 Me. Rev. Stat. sec. 4552 et seq.)

Are there any laws protecting LGBTQ+ students in Maine?

Yes. Several different laws protect students against discrimination, bullying, and harassment at school by peers or by adults. (These laws apply to all public schools and to private schools that receive government funding.) These prohibitions come from state law (such as the Maine Human Rights Act and Maine anti-bullying laws), federal nondiscrimination laws (including one called “Title IX” – about sex discrimination – and another called “Title VI” – about discrimination based on race, color, and national origin), and the U.S. Constitution. These are powerful protections for students, and they can be used to hold schools accountable for what happens on their watch.  

At the local level, students might also have rights under policies adopted by their school board. You can often find those types of policies on the website of your school board or school district. 

访问我们的 缅因州 LGBTQ+ 学生“了解你的权利”页面 了解更多信息。

如果我在学校受到歧视,我该怎么办?

There are many ways to approach the issue. If you believe your rights are being violated, visit our 缅因州 LGBTQ 学生的权利 页面来了解您可以采取哪些步骤的更多信息。  

Are there other non-discrimination protections available in Maine?

Yes. Several cities and towns have enacted non-discrimination ordinances, including Portland, Falmouth, South Portland, Long Island, Orono, Sorrento, Westbrook and Bar Harbor. In Clarke v. Olsten Certified Healthcare Corp., the Maine Law Court assumed without so stating that the Portland ordinance is enforceable (714 A.2d 823 (Me. 1998)).

Does Maine have a law that bans conversion therapy?

Yes, in 2019 Maine became the 17th state to pass a law, LD 1025 An Act to Prohibit the Provision of Conversion Therapy to Minors by Certain Licensed Professionals. It prohibits licensed professionals from advertising and administering so-called conversion therapy methodology to minors. Failure to follow the law can result in the revocation of the professional’s license.

各州和国家医疗、心理健康和儿童福利组织均反对性取向扭转疗法,即旨在改变个人性取向或性别认同的做法。大量专业文献表明,这种做法不仅无法有效改变性取向或性别认同,而且对青少年有害。接受过性取向扭转疗法的年轻人患抑郁症、产生自杀念头和自杀行为以及吸食非法毒品的风险更高。

Youth | Employment | Maine

Does Maine have an anti-discrimination law protecting LGBTQ+ individuals from discrimination in employment?

Yes. On November 8, 2005, Maine voters agreed to keep in place a law, LD 1196, “An Act to Extend Civil Rights Protections to All People Regardless of Sexual Orientation”, passed by the Legislature and signed by the Governor in the spring of 2005. The law went into effect December 28, 2005.

This marks the end of a long struggle in Maine to achieve legal protections for LGBTQ+ people. In November 1995, Maine voters rejected an attempt to limit the protected classes to those already included within the non-discrimination law. In May 1997, Maine approved an anti-discrimination law based on sexual orientation, but this law was repealed in a special election in February 1998. Then in November 2000, by the smallest of margins, Maine voters failed to ratify a second anti-discrimination law that had been approved by the legislature.

The law provides protection against discrimination based on sexual orientation which is defined as “… a person’s actual or perceived heterosexuality, bisexuality, homosexuality or gender identity or expression” (5 Me. Rev. Stat. sec. 4553 (9-C)).

Does it also protect people perceived of as LGBTQ+ in employment?

Yes. The non-discrimination law specifically covers people who are perceived to be lesbian, gay, bisexual or transgender.

反歧视法适用于谁以及禁止什么?

The non-discrimination law applies to governmental employers (local and state) and private employers with any number of employees (5 Me. Rev. Stat. sec. 4553 (4) (definition of employer)). It forbids employers from refusing to hire, or discharging, or discriminating against the employee with respect to any employment matter, including hiring, tenure, promotion, transfer, compensation, terms, conditions or privileges of employment. Nor may an employer use any employment agency that discriminates (5 Me. Rev. Stat. sec. 4572 (1)(A)). Harassment based on sexual orientation is included within “terms and conditions” of employment.

Employment agencies may not refuse to: classify properly; refer their customers for employment; or otherwise discriminate because of sexual orientation. Labor organizations (e.g. unions) may not deny apprenticeship, membership or any membership rights or otherwise penalize or discriminate against their members because of sexual orientation (5 Me. Rev. Stat. sec. 4572 (1)(B) & (C)).

The law also forbids any employer, employment agency, or labor organization, prior to employment or membership, from eliciting or recording information about a person’s sexual orientation, printing any advertisement indicating any preference or limitation based on sexual orientation, or having a system of denying or limiting employment or membership opportunities based on sexual orientation (5 Me. Rev. Stat. sec. 4572 (1)(D)).

Does the law apply to every employer?

No, there is a religious exemption that provides:

“Employer” does not include a religious or fraternal corporation or association, not organized for private profit and in fact not conducted for private profit, with respect to employment of its members of the same religion, sect or fraternity, except for purposes of disability-related discrimination, in which case the corporation or association is considered to be an employer (5 Me. Rev. Stat. sec. 4553 (4) (definition of “employer”)).

This appears to mean that certain non-profit religious entities (not individuals) are exempt from the law, and a religious organization may require all applicants and employees to conform to the religious tenets of that organization (5 Me. Rev. Stat. sec. 4573-A (2)). The full scope of this exemption may be sorted out in specific court cases.

Does the non-discrimination law have any impact on my employer’s obligation to provide domestic partner benefits to my partner of the same-sex?

Possibly yes. The non-discrimination law can be a powerful tool to equalizing treatment in compensation, and therefore, valuable “fringe benefits.”  As discussed below in the family section of this booklet, the state and several municipalities have already equalized some benefits like health insurance (this result also conforms with the better view of the law, i.e., that it is discrimination based on sexual orientation to condition benefits on a status (marriage) that only gay people cannot attain. See Alaska Civil Liberties Union v. State of Alaska, 122 P.3d 781 (Alaska 2005); Bedford v. N.H. Cmty. Technical Coll. Sys., Superior Court Order, 04-E-230 (May 3, 2006)).

Private employers in Maine are neither required to offer health insurance to their employees nor to offer spousal or family coverage. However, some employers who provide such coverage may be obligated to provide insurance to same-sex partners to comply with the Maine insurance laws and/or anti-discrimination law. This area of law is complicated and you should feel free to contact GLAD for information specific to your situation.

Does Maine law forbid sexual harassment?

Yes, sexual harassment is expressly prohibited by state law.

Both the United States Supreme Court and several state courts have found same-sex sexual harassment to violate sexual harassment laws. Compare Oncale v. Sundowner Offshore Services (9523 U.S. 75 (1998), man can sue for sexual harassment by other men under federal sexual harassment laws)) to Melnychenko v. 84 Lumber Co. (424 Mass. 285, 676 N.E.2d 45 (1997), (same-sex sexual harassment forbidden under Massachusetts state law)).

Are there any protections from sexual orientation harassment?

检测与隐私 | HIV/AIDS | 缅因州

缅因州是否有管理艾滋病毒检测知情同意的法律?

是的。缅因州法律规定,HIV 检测必须“自愿进行,并且只有在患者知情的情况下才能进行”。 (5 MRSA §19203-A)。

然而,缅因州已经取消了未经患者明确书面知情同意不得进行艾滋病毒检测的要求。

现在的法律只要求“必须以口头或书面形式告知患者将进行 HIV 检测,除非患者拒绝”(5. MRSA §19203-A(强调添加)。虽然 §19203-A 的标题是“需要自愿知情同意”,但缅因州的法律并不是知情同意制度。无论是口头还是书面的知情同意,都要求患者在进行检测前明确同意。目前缅因州法律只是要求通知患者将进行检测,并将选择退出的负担放在患者身上。)

法律还要求在检测前向患者提供的信息包括阳性和阴性检测结果的含义。此外,患者必须有机会提出问题。

缅因州法律授权设立匿名 HIV 检测站(5 MRSA §19203-B)。

要求进行 HIV 检测的健康保险公司或医疗保健计划仍必须获得书面知情同意才能进行 HIV 检测(5 MRSA §19203-A (2))。

此外,缅因州法律禁止医疗保健提供者仅仅因为个人拒绝同意接受 HIV 检测而拒绝提供医疗服务(5 MRSA § 19203-A (3))。

接受艾滋病毒检测的人应该获得哪些信息?

2007年,为了简化检测程序,缅因州取消了HIV检测的强制性检测前咨询。然而,HIV检测呈阳性的患者必须接受检测后咨询,除非患者签署弃权书拒绝接受。咨询内容至少应包括:

  • 测试结果的可靠性和重要性。
  • 有关预防措施和降低风险的信息。
  • 根据需要转介医疗护理和支持服务。(5 MRSA § 19204-A。)

服务提供者必须提供面对面的检测后咨询,但如果客户拒绝面对面咨询,服务提供者可以提供其他信息提供方式。此外,服务提供者还必须向客户提供一份书面备忘录,概述检测后咨询信息的内容。

医生可以在没有父母或监护人同意的情况下对未成年人进行艾滋病毒检测吗?

医生可以在未成年人未获得其父母或监护人同意的情况下对其进行 HIV 检测。(32 MRSA § 3292 允许医生在未经父母同意的情况下为未成年人提供性病治疗。缅因州人类服务部已将 HIV 归类为性病。)

此外,医生没有义务但可以告知未成年人的监护人或父母任何医疗情况,包括艾滋病毒检测结果。

如果保密对您很重要,最好事先与您的医生交谈并了解他们对此问题的政策。

对孕妇的检测有什么具体要求吗?

所有孕妇必须以口头或书面形式获悉,HIV 检测将被纳入产前医学检测的标准项目,除非孕妇拒绝接受 HIV 检测。此外,如果医疗保健提供者不知道分娩者的 HIV 感染状况或“认为 HIV 检测具有医学必要性”,则必须在新生儿出生后 12 小时内进行 HIV 检测。如果父母基于宗教或良知信仰提出异议,则可免于进行此类新生儿检测。(5 MRSA § 19203-A(6))

缅因州法律是否允许在违背个人意愿的情况下对其进行 HIV 检测?

是的,缅因州法律允许在某些有限的情况下进行非自愿艾滋病毒检测,例如对被判犯有性侵犯罪的人进行检测,以及对职业暴露源进行检测。

是否有州法律保护医疗信息(包括 HIV)的隐私?

缅因州法律禁止在未经检测对象授权的情况下向检测对象以外的任何人披露 HIV 检测结果。(5 MRSA § 19203。)

当医疗记录中包含某人的 HIV 状况时,患者必须以书面形式选择是否授权发布该部分医疗记录。(5 MRSA § 19203-D。)

被检测对象指定接收 HIV 检测结果信息的医疗保健提供者只能将结果提供给与患者直接合作的其他医疗保健提供者,并且只能将其用于向患者提供直接医疗或牙科护理。(5 MRSA § 19203 (2))

这些隐私保护有例外吗?

在发生医疗紧急情况或对他人造成某些有限的威胁时,仍然可以共享 HIV 状况。

艾滋病毒感染者是否享有宪法赋予的隐私权?

是的,许多法院裁定,个人享有宪法赋予的隐私权,有权不披露其HIV感染状况。法院依据美国宪法的正当程序条款裁定了这项权利,该条款赋予了避免披露某些类型的个人信息的隐私利益。

只有当披露信息的人是国家或政府行为者(例如警察、监狱官员或州立医院的医生)时,才能主张宪法赋予的隐私权。

法院如何确定一个人的宪法隐私权是否受到侵犯?

为了确定是否侵犯了隐私权,法院会权衡侵犯个人隐私的性质与政府制定披露政策或做法的合法理由。

非法艾滋病毒检测或披露的补救措施

违反缅因州有关 HIV 检测或 HIV 检测结果保密性法律的个人将对检测对象承担实际损害和费用的责任,此外,对于疏忽违法行为,还将处以最高 $1,000 美元的民事罚款,对于故意违法行为,还将处以最高 $5,000 美元的民事罚款(5 MRSA § 19206)。

非法艾滋病毒检测或披露的补救措施

违反缅因州有关 HIV 检测或 HIV 检测结果保密性法律的个人将对检测对象承担实际损害和费用的责任,此外,对于疏忽违法行为,还将处以最高 $1,000 美元的民事罚款,对于故意违法行为,还将处以最高 $5,000 美元的民事罚款(5 MRSA § 19206)。

缅因州是否有报告法律要求向缅因州卫生与公众服务部报告 HIV 或艾滋病诊断结果?

是的。所有州都要求将某些健康状况报告给公共卫生部门,以便追踪流行病学趋势并制定有效的预防策略。缅因州要求医疗保健提供者和机构在确诊后48小时内向卫生与公众服务部报告被诊断患有艾滋病或HIV的个人姓名(卫生与公众服务部,缅因州疾病控制与预防中心,第258章(法定报告疾病控制规则),10-144)。信息将严格保密,除非符合5 MRSA § 19203(缅因州关于HIV检测保密的法律)的规定,否则不得披露。

Public Accommodations | Discrimination | Maine

What is a place of public accommodation?

A place of public accommodation means a facility operated by a private or public entity whose operations fall into categories such as lodging, restaurants, entertainment, public gathering, retail stores, service establishments, transportation, museums, libraries, recreation facilities, exercise or health facilities, schools and educational institutions, social service establishments, or government buildings. Generally, any establishment that caters to, or offers its goods, facilities or services to, or solicits or accepts patronage from the general public is a place of public accommodation (5 Me. Rev. Stat. sec. 4553 (8) (definition of “public accommodation”)).

Does Maine have an anti-discrimination law protecting LGBTQ+ individuals from discrimination in places of public accommodation?

Yes. On November 8, 2005, Maine voters agreed to keep in place a law, LD 1196, “An Act to Extend Civil Rights Protections to All People Regardless of Sexual Orientation”, passed by the Legislature and signed by the Governor in the spring of 2005. The law went into effect December 28, 2005.

This marks the end of a long struggle in Maine to achieve legal protections for LGBTQ+ people. In November 1995, Maine voters rejected an attempt to limit the protected classes to those already included within the non-discrimination law. In May 1997, Maine approved an anti-discrimination law based on sexual orientation, but this law was repealed in a special election in February 1998. Then in November 2000, by the smallest of margins, Maine voters failed to ratify a second anti-discrimination law that had been approved by the legislature.

The law provides protection against discrimination based on sexual orientation which is defined as “… a person’s actual or perceived heterosexuality, bisexuality, homosexuality or gender identity or expression” (5 Me. Rev. Stat. sec. 4553 (9-C)).

Does it also protect people perceived of as LGBTQ+ in places of public accommodation?

Yes. The non-discrimination law specifically covers people who are perceived to be LGBTQ+.

法律对于公共场所的歧视有何规定?

The law makes it illegal for places of public accommodation to discriminate on the basis of sexual orientation or “… in any manner withhold from or deny the full and equal enjoyment … of the accommodations, advantages, facilities, goods, services or privileges of public accommodation.”  The law also makes it illegal to advertise that any place of public accommodation is restricted to people of a particular sexual orientation (5 Me. Rev. Stat. sec. 4592 (1)).

How do I file a complaint of discrimination? What happens after I file?

The complaint must be under oath, state the name and address of the individual making the complaint as well as the entity he or she is complaining against (called the “respondent”). The complaint must set out the particulars of the alleged unlawful acts and the times they occurred (5 Me. Rev. Stat. sec. 4611).

Once a complaint is timely filed, a Commissioner or investigator will seek to resolve the matter. If he or she cannot do so, the Commission will proceed with an investigation to determine if there are reasonable grounds to believe that unlawful discrimination has occurred. The Commission has extensive powers during the course of the investigation. Among other things, it can examine persons, places and documents, and require attendance at a factfinding hearing, and issue subpoenas for persons or documents.

If the Commissioner or investigator concludes:

  • there are no reasonable grounds, it will dismiss the case, and the complainant may file a new case in the Superior Court (See generally 5 Me. Rev. Stat. sec. 4612);
  • there are reasonable grounds, it will try to resolve the matter through settlement (5 Me. Rev. Stat. sec. 4612).

Once the Commission process is complete, and if settlement has failed, a person can file an action for relief in court. A person may also request a “right to sue” letter from the MHRC if there has been no court action filed and no conciliation agreement in place within 180 days of filing the complaint (5 Me. Rev. Stat. sec. 4612 (6)). The person may then file an action in the Superior Court (5 Me. Rev. Stat. sec. 4621). In some situations, the Commission may file an action in court on your behalf (See generally 5 Me. Rev. Stat. sec. 4612).

我需要律师吗?

Not necessarily. The process is designed to allow people to represent themselves. However, GLAD strongly encourages people to find a lawyer to represent them throughout the process. Not only are there many legal rules governing the MHRC process, but employers and other respondents will almost certainly have legal representation. Please call the GLAD Answers for help or for an attorney referral.

提出歧视投诉的截止日期是什么?

A complaint must be filed with the MHRC within 300 days of the discriminatory act or acts (5 Me. Rev. Stat. sec. 4611). There are virtually no exceptions for lateness, and GLAD encourages people to move promptly in filing claims. Actions filed in Superior Court must generally be filed “not more than 2 years after the act of unlawful discrimination complained of” (5 Me. Rev. Stat. sec. 4613(2)(C)).

What are the legal remedies for discrimination?

This is a complicated area and depends on a variety of factors, including the type of discrimination and its intersection with federal laws.

As a general matter, the MHRC tries to resolve cases in which reasonable cause is found. It is not empowered to award emotional distress damages or attorney’s fees, but the parties may agree to whatever terms are mutually satisfactory for resolving the issue (94-348 Rules of Maine Human Rights Com’n secs. 2.07, 2.08. 2.09. Available at http://www.maine.gov/mhrc/laws/index.html).

As a general matter, if a person has filed with the MHRC, completed the process there, and later files their case in court, then a full range of compensatory and injunctive relief is available (5 Me. Rev. Stat. secs. 4613, 4614). If a discrimination complainant takes their case to court without first filing at the MHRC, then only injunctive relief is available in court, such as a cease and desist order, or an order to do training or post notices (5 Me. Rev. Stat. sec. 4622).

The relief ordered by a court may include: (a) hiring, reinstatement and back pay in employment cases; (b) an order to rent or sell a specified housing accommodation (or one that is substantially identical), along with damages of up to three times any excessive price demanded, and civil penal damages, to the victim in housing cases; and (c) in all cases, where the individual has exhausted the MHRC process, an order for attorney’s fees, civil penal damages, cease and desist orders, and other relief that would fulfill the purposes of the anti-discrimination laws (e.g. training programs, posting of notices).

Can I claim discrimination on a basis other than sexual orientation?

Yes, but only if you are treated differently because of a personal characteristic protected by Maine law.

In public accommodations, it is illegal to discriminate on the basis of race, color, sex, physical or mental disability, religion, ancestry or national origin, as well as sexual orientation (5 Me. Rev. Stat. sec. 4553 (8) (definition), 4592 (prohibition)).

还有其他方式可以提起歧视投诉吗?

有可能,这取决于您的具体情况。

State or Federal Court: After filing with the MHRC or EEOC, a person may decide to remove their discrimination case from those agencies and file in court. There are rules about when and how this must be done.

In addition, a person may file a court case to address other claims that are not appropriately handled by discrimination agencies. For example:

  • If a person is fired in violation of a contract, or fired without the progressive discipline promised in a handbook, or fired for doing something the employer doesn’t like but which the law requires, then these matters are beyond the scope of what the agencies can investigate and the matter can be pursued in court.
  • If a person has a claim for a violation of constitutional rights, such as a teacher or other governmental employee who believes their free speech or equal protection rights were violated, then those matters must be heard in court.

在提出歧视投诉之前我可以做哪些准备?

In evaluating your potential claims, you have the right to request a complete copy of your personnel file at any time (5 Me. Rev. Stat. sec. 7071 (Employee right to request personnel file)). Personnel files are the official record of your employment and are an invaluable source of information (5 Me. Rev. Stat. sec. 7070 (Definition of personnel record)).

Whether you leave a job voluntarily or not, be cautious about signing any documents admitting to wrongdoing, or that waive your legal rights, or that are a supposed summary of what you said in an exit interview. Sometimes employees are upset or scared at the time they are terminating employment, but the documents will likely be enforceable against you later. Please be cautious.

As a general matter, people who are still working under discriminatory conditions have to evaluate how filing a case will affect their job or housing, and if they are willing to assume those possible consequences. Of course, even if a person has been fired, he or she may decide it is not worth it to pursue a discrimination claim. This is an individual choice which should be made after gathering enough information and advice to make an informed decision.

Some people prefer to meet with an attorney to evaluate the strength of their claims before filing a case. It is always helpful if you bring to your attorney an outline or diary of what happened. It is best if the information is organized by date and explains who the various players are (and how to get in touch with them), as well as what happened, who said what, and who was present for any important conversations or incidents.

zh_CN简体中文
隐私概述

本网站使用 Cookie,以便我们为您提供最佳的用户体验。Cookie 信息存储在您的浏览器中,并执行诸如在您返回我们的网站时识别您的身份,以及帮助我们的团队了解您认为网站中哪些部分最有趣和最实用等功能。