Age & Disability Discrimination

It is against the law for you to be discriminated against because of your age or because of your disability. This chapter will talk about what discrimination means, how you are protected from discrimination, and what to do if you are denied a reasonable accommodation or modification.

What Is Discrimination?

Discrimination is what happens when you are treated less favorably from other people because of something like your age or disability. The law says that people who have certain characteristics, like a disability, are considered part of a “protected class.” Age, sexual orientation, and sex are examples of other protected classes. If you are a member of a protected class, then you can’t be discriminated against based on your membership in the protected class.

How Am I Protected From Discrimination?

If your boss or landlord discriminates against you because of your age (and you are over 40 years old), you are protected by the federal Age Discrimination in Employment Act and/or the Maine Human Rights Act. If you think you are being discriminated against because of your age, you should talk to an attorney. If you are a Maine resident who is 60 or older, call the Legal Services for the Elderly Helpline at 1-800-750-5353 to talk to an attorney for free.

If your boss or landlord discriminates against you because of your disability, you are protected by the federal Americans with Disabilities Act and the Maine Human Rights Act. If you think you are being discriminated against because of your disability, you should talk to an attorney. Call the Maine Disability Rights Center at 1-800-452-1948.

Reasonable Accommodations and Modifications

If you live in a rental property, your landlord must be willing to make “reasonable” changes to it's rental policy or your rental housing structure if you need it because of your disability. This is true for private and public housing, with a few exceptions. You need to ask for the changes in writing. Your landlord cannot say "no" unless it would be too expensive, it would require too much of a change to the landlord’s rental program, or if you cannot show that the request is related to your disability.

For more information about reasonable accommodations and modifications, and how to ask for them, read the chapter titled “Rental Agreements and Tenants Rights.”

What do I do if the landlord refuses my request?

There are a few steps to take, but you should get an attorney to help.

You may file a complaint with the Maine Human Rights Commission (MHRC); if you live in subsidized housing you may file a complaint with the U.S. Department of Housing and Urban Development (HUD) or you can sue. If you decide to sue, you must do so within two years of the incident. You should have an attorney represent you. If you are a Maine resident who is 60 or older and you are experiencing discrimination, call the Legal Services for the Elderly Helpline at 1-800-750-5353 to talk to an attorney for free.

Filing a complaint with the Maine Human Rights Commission

You should file a complaint as soon as possible after the denial, but the complaint must be filed within 300 days of the discriminatory act. The Maine Human Rights Commission will appoint an investigator to your case. The investigator will not represent you or your landlord, but you may have an attorney represent you during the Commission’s investigation. You may file a complaint with the Maine Human Rights Commission by calling, writing, or visiting their office. The Maine Human Rights Commission is located at:

Maine Human Rights Commission
51 State House Station
Augusta, ME 04333-0051
207-624-6290 or TTY: Maine Relay 711

Filing a complaint if you live in subsidized Housing

If you live in subsidized housing, you may file a complaint with the U.S. Department of Housing and Urban Development (HUD). You should file a complaint as soon as possible after the denial, but the complaint must be filed within one year of the incident. HUD will investigate the complaint at no cost to you. You may file a complaint online if you have access to a computer, or you may call or write the regional office.

If you decide to write, you should include the following information:

Your name and address;
The name and address of the person your complaint is against;
The address or other identification of the housing involved;
A short description of the alleged violation; and
The date of the alleged violation.

HUD’s regional office is located at:

U.S. Department of Housing and Urban Development
10 Causeway St., Room 321
Boston, MA 02222-1092
1-617-994-8300 or 1-800-827-5005
TTY: 1-617-565-5453

Resources

Legal Services for the Elderly
If you are a Maine resident who is 60 or older and you are experiencing discrimination, call the Legal Services for the Elderly Helpline at 1-800-750-5353 to speak to an attorney for free.

Maine Disability Rights Center
The Maine Disability Rights Center has attorneys who help people who are being discriminated against because of their disability. If you think you have been discriminated against because of your disability, call the Maine Disability Rights Center at 1-800-452-1948 to talk to an attorney for free.

Maine Human Rights Commission
If your landlord refuses your request for a reasonable accomodation or modification, you may file a complaint with the Maine Human Rights Commission. Call the Maine Human Rights Commission at 207-624-6290 for more information.