Maine State Civil Rights Complaint (MHRA)

CIVIL RIGHTS COMPLAINT — MAINE HUMAN RIGHTS ACT

TABLE OF CONTENTS

1. Caption
2. Introduction
3. Parties, Jurisdiction, and Venue
4. Administrative Exhaustion
5. Factual Allegations
6. Count I — Discrimination in Violation of the Maine Human Rights Act, 5 M.R.S. § 4571 et seq.
7. Count II — Retaliation in Violation of 5 M.R.S. § 4633
8. Count III — Maine Civil Rights Act, 5 M.R.S. § 4681 et seq. (if applicable)
9. Count IV — Parallel Federal Claim (Title VII / ADA / FHA / § 1983)
10. Damages
11. Prayer for Relief
12. Demand for Trial by Jury
13. Verification
14. Signature and Certificate of Service
15. Maine Practice Notes
16. Sources and References

1. CAPTION

STATE OF MAINE

[COUNTY NAME], ss.

SUPERIOR COURT

CIVIL ACTION DOCKET NO. [________________________________]

COMPLAINT AND DEMAND FOR JURY TRIAL

(Maine Human Rights Act; Maine Civil Rights Act; [Title VII / ADA / FHA / 42 U.S.C. § 1983])

2. INTRODUCTION

1. This is a civil rights action brought under the Maine Human Rights Act ("MHRA"), 5 M.R.S. § 4551 et seq., the Maine Civil Rights Act ("MCRA"), 5 M.R.S. § 4681 et seq., and parallel federal civil rights statutes, to remedy unlawful [employment / housing / public-accommodation / educational / credit] discrimination committed by Defendants against Plaintiff on the basis of Plaintiff's [PROTECTED CHARACTERISTIC — race / color / sex / sexual orientation / gender identity / physical or mental disability / religion / age / ancestry / national origin / familial status / receipt of public assistance / receipt of protection-from-abuse order].

2. Plaintiff seeks compensatory damages, civil penal damages, punitive damages, equitable relief, attorney's fees, and costs, all as authorized by 5 M.R.S. §§ 4613 and 4614, and corresponding federal remedies.

3. PARTIES, JURISDICTION, AND VENUE

3.1. Plaintiff [PLAINTIFF NAME] is an adult resident of [CITY, COUNTY], Maine.

3.2. Defendant [DEFENDANT NAME] is a [corporation / limited liability company / partnership / municipality / individual] organized under the laws of [STATE] with its principal place of business at [ADDRESS], doing business in [COUNTY], Maine.

3.3. At all relevant times, Defendant [EMPLOYER] employed [NUMBER] or more employees, qualifying it as an "employer" within the meaning of 5 M.R.S. § 4553(4) and, where applicable, 42 U.S.C. § 2000e(b).

3.4. Defendant [INDIVIDUAL] is sued in [an individual capacity / both individual and official capacities] for personally engaging in or aiding and abetting the unlawful conduct alleged herein. See 5 M.R.S. § 4633(2) (aiding-and-abetting liability).

3.5. Subject-matter jurisdiction is proper in this Court pursuant to 4 M.R.S. § 105 (Superior Court general jurisdiction) and 5 M.R.S. § 4621 (civil actions by aggrieved persons under the MHRA).

3.6. Venue is proper in [COUNTY] County pursuant to 14 M.R.S. § 501 because [Plaintiff resides in / Defendant's principal place of business is in / the unlawful conduct occurred in] [COUNTY] County, Maine.

4. ADMINISTRATIVE EXHAUSTION

4.1. On [DATE], Plaintiff timely filed a verified charge of discrimination with the Maine Human Rights Commission ("MHRC") at 51 State House Station, Augusta, Maine 04333-0051, within 300 days of the last unlawful act, in accordance with 5 M.R.S. § 4611.

4.2. The MHRC charge was cross-filed with the U.S. Equal Employment Opportunity Commission pursuant to the MHRC/EEOC work-sharing agreement and was assigned MHRC No. [_____________] and EEOC Charge No. [_____________].

4.3. On [DATE], the MHRC issued Plaintiff a right-to-sue letter pursuant to 5 M.R.S. § 4612(6), a true and accurate copy of which is attached as Exhibit A.

4.4. On [DATE], the EEOC issued Plaintiff a Notice of Right to Sue, a true and accurate copy of which is attached as Exhibit B. This Complaint is filed within 90 days of receipt thereof.

4.5. Plaintiff has therefore satisfied all administrative-exhaustion prerequisites under 5 M.R.S. § 4622 and 42 U.S.C. § 2000e-5(f).

5. FACTUAL ALLEGATIONS

5.1. Plaintiff is a member of a class protected under the MHRA by virtue of Plaintiff's [PROTECTED CHARACTERISTIC].

5.2. Plaintiff began [employment / tenancy / patronage] with Defendant on or about [DATE] in the position or capacity of [ROLE].

5.3. Throughout the relevant period, Plaintiff [performed all duties satisfactorily / paid rent timely / was qualified to receive the goods, services, accommodations or privileges].

5.4. Beginning on or about [DATE], Defendant, through its agents [NAMES / TITLES], engaged in the following unlawful conduct directed at Plaintiff:

• [Specific adverse action #1 — e.g., termination, demotion, denial of housing, denial of accommodation, harassment];
• [Specific adverse action #2];
• [Specific adverse action #3].

5.5. The conduct described above was motivated, in whole or in material part, by Plaintiff's [PROTECTED CHARACTERISTIC], as evidenced by:

• [Direct evidence — slurs, discriminatory remarks, written communications];
• [Comparator evidence — similarly situated individuals outside the protected class who were treated more favorably];
• [Temporal proximity to protected activity / disclosure of protected status];
• [Departures from policy or pretext in stated reasons].

5.6. Plaintiff complained to [supervisor / HR / management / housing authority] on or about [DATE], requesting that the discriminatory conduct cease.

5.7. After Plaintiff's complaint, Defendant [escalated the conduct / took further adverse action against Plaintiff], including [DESCRIBE RETALIATORY ACTS].

5.8. As a direct and proximate result, Plaintiff has suffered lost wages, lost benefits, loss of housing, out-of-pocket expenses, emotional distress, humiliation, mental anguish, loss of enjoyment of life, and damage to professional reputation.

6. COUNT I — DISCRIMINATION IN VIOLATION OF THE MAINE HUMAN RIGHTS ACT, 5 M.R.S. § 4571 ET SEQ.

6.1. Plaintiff realleges and incorporates Paragraphs 1 through 5.8.

6.2. The MHRA declares it a civil right to be free from discrimination in [employment (§ 4571) / housing (§ 4581-A) / public accommodations (§ 4592) / education (§ 4602) / extension of credit (§ 4596)] on the basis of race, color, sex, sexual orientation or gender identity, physical or mental disability, religion, age, ancestry, national origin, or familial status.

6.3. Defendant is a covered [employer / housing provider / place of public accommodation / educational institution / credit-extender] within the meaning of 5 M.R.S. § 4553.

6.4. Defendant intentionally subjected Plaintiff to [disparate treatment / a hostile environment / failure to provide reasonable accommodation / disparate impact] because of Plaintiff's [PROTECTED CHARACTERISTIC] in violation of 5 M.R.S. § [4572 / 4581-A / 4592-A / 4602 / 4596].

6.5. Defendant acted with malice or with reckless indifference to Plaintiff's protected rights, entitling Plaintiff to compensatory and punitive damages within the caps fixed by 5 M.R.S. § 4613(2-B)(8).

7. COUNT II — RETALIATION, 5 M.R.S. § 4633

7.1. Plaintiff realleges and incorporates Paragraphs 1 through 6.5.

7.2. The MHRA prohibits any person from discriminating against an individual because the individual has opposed an unlawful practice, filed a charge, testified, assisted, or participated in any MHRA proceeding. 5 M.R.S. § 4633(1).

7.3. Plaintiff engaged in protected activity by [opposing the discriminatory conduct internally / filing the MHRC charge / participating in an investigation].

7.4. Defendant took materially adverse action against Plaintiff in the form of [DESCRIBE] because of Plaintiff's protected activity.

7.5. The temporal proximity between Plaintiff's protected activity and Defendant's adverse action, combined with [ADDITIONAL CAUSAL FACTS], establishes a causal connection.

8. COUNT III — MAINE CIVIL RIGHTS ACT, 5 M.R.S. § 4681 ET SEQ.

8.1. Plaintiff realleges and incorporates Paragraphs 1 through 7.5.

8.2. Defendant intentionally interfered, or attempted to interfere, by [physical force or violence / threats of force or violence / damage or destruction of property / trespass / conduct that placed Plaintiff in reasonable fear of bodily injury or emotional distress] with Plaintiff's exercise of rights secured by the U.S. Constitution, the Maine Constitution, and federal and state law, in violation of 5 M.R.S. § 4681.

8.3. Defendant's conduct was motivated, in whole or in material part, by Plaintiff's [PROTECTED CHARACTERISTIC].

8.4. Plaintiff is entitled to injunctive relief, compensatory damages, and attorney's fees pursuant to 5 M.R.S. § 4682.

9. COUNT IV — PARALLEL FEDERAL CLAIM

9.1. Plaintiff realleges and incorporates Paragraphs 1 through 8.4.

9.2. Defendant's conduct also violated [Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2 / Title I of the Americans with Disabilities Act, 42 U.S.C. § 12112 / the Fair Housing Act, 42 U.S.C. § 3604 / 42 U.S.C. § 1983] by [discriminating / retaliating / failing to accommodate / depriving Plaintiff of rights secured by the U.S. Constitution under color of state law].

9.3. Plaintiff is entitled to compensatory damages, punitive damages (where authorized), equitable relief, attorney's fees under [42 U.S.C. § 2000e-5(k) / 42 U.S.C. § 12205 / 42 U.S.C. § 3613(c)(2) / 42 U.S.C. § 1988], and costs.

10. DAMAGES

10.1. Economic damages: back pay, front pay, lost benefits, out-of-pocket expenses, and consequential losses, in an amount to be proven at trial.

10.2. Compensatory damages for emotional distress, humiliation, mental anguish, inconvenience, loss of enjoyment of life, and damage to professional reputation, subject to the tiered cap in 5 M.R.S. § 4613(2-B)(8) and uncapped under federal law where applicable.

10.3. Punitive damages under 5 M.R.S. § 4613(2-B)(8) and applicable federal law for Defendant's malicious or recklessly indifferent conduct.

10.4. Civil penal damages under 5 M.R.S. § 4613(2)(B) up to $20,000 (first order), $50,000 (second order), or $100,000 (third or subsequent order).

10.5. Attorney's fees and costs under 5 M.R.S. § 4614 and applicable federal fee-shifting statutes.

10.6. Equitable relief: reinstatement, hiring, promotion, restoration of benefits, injunctive prohibitions on future discrimination, expungement of adverse personnel records, and posting of notice.

11. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment against Defendants and award:

• A. A declaratory judgment that Defendants' conduct violated the MHRA, the MCRA, and the cited federal statutes;
• B. Permanent injunctive relief barring Defendants from further discriminatory and retaliatory conduct;
• C. Reinstatement, hiring, promotion, restoration of seniority and benefits, and/or front pay in lieu of reinstatement as appropriate;
• D. Back pay with prejudgment interest;
• E. Compensatory damages within the caps of 5 M.R.S. § 4613(2-B)(8) and uncapped under applicable federal law;
• F. Punitive damages within the caps of 5 M.R.S. § 4613(2-B)(8) and uncapped under applicable federal law;
• G. Civil penal damages under 5 M.R.S. § 4613(2)(B);
• H. Reasonable attorney's fees and costs under 5 M.R.S. § 4614, 42 U.S.C. § 1988, and other applicable fee-shifting authorities;
• I. Pre- and post-judgment interest at the maximum lawful rate; and
• J. Such other and further relief as this Court deems just and proper.

12. DEMAND FOR TRIAL BY JURY

Plaintiff demands a trial by jury on all issues so triable as a matter of right pursuant to M.R. Civ. P. 38, 5 M.R.S. § 4613(2-B)(8), and the Seventh Amendment to the United States Constitution.

13. VERIFICATION

STATE OF MAINE

COUNTY OF [COUNTY], ss.

I, [PLAINTIFF NAME], being first duly sworn, depose and say that I am the Plaintiff in the foregoing action; that I have read the foregoing Complaint and know the contents thereof; and that the same is true to my own knowledge except as to those matters stated upon information and belief, and as to those I believe them to be true.

[________________________________]

[PLAINTIFF NAME]

Sworn to and subscribed before me this [____] day of [_______________], 20[____].

[________________________________]

Notary Public / Attorney-at-Law

(My Commission Expires: [_______________])

14. SIGNATURE AND CERTIFICATE OF SERVICE

Date: [DATE]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], Maine Bar No. [####]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, MAINE ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

CERTIFICATE OF SERVICE

I hereby certify that on the [____] day of [_______________], 20[____], I caused a true and accurate copy of the foregoing COMPLAINT AND DEMAND FOR JURY TRIAL to be served upon the following parties by [hand delivery / first-class mail postage prepaid / electronic service via the Maine Courts e-filing system]:

[SERVICE LIST WITH NAMES, TITLES, AND ADDRESSES]

[________________________________]

[ATTORNEY NAME], Esq.

15. MAINE PRACTICE NOTES

• Pleading standard. Maine follows notice pleading under M.R. Civ. P. 8(a). Maine has not formally adopted the federal Twombly/Iqbal plausibility standard, but well-pleaded factual allegations supporting each element of every claim remain best practice. See Bean v. Cummings, 2008 ME 18.
• Administrative exhaustion is jurisdictionally critical for damages. Under 5 M.R.S. § 4622, attorney's fees, civil penal damages, and compensatory/punitive damages are unavailable unless the plaintiff first filed a timely MHRC charge AND received a right-to-sue letter (or completed conciliation) BEFORE filing suit. The right-to-sue letter must be obtained pre-filing — obtaining it after suit is filed will not cure the defect for damages purposes. Pure injunctive/equitable relief may proceed without exhaustion.
• Filing deadline at MHRC. 300 days from the last discriminatory act under 5 M.R.S. § 4611. There are virtually no exceptions; calendar deadlines aggressively.
• Right-to-sue request. A complainant may request a right-to-sue letter from MHRC if 180 days have elapsed since the charge was filed without conciliation or court action. 5 M.R.S. § 4612(6).
• Damages caps (5 M.R.S. § 4613(2-B)(8), effective Sept. 19, 2023). For intentional employment discrimination by employers with 15+ employees: $100K (15–100), $300K (101–200), $500K (201–500), $1M (500+). The cap covers compensatory + punitive damages combined (excluding back pay and equitable relief). Per 5 M.R.S. § 4613(2-B)(8)(c), the court "may not inform the jury of the limitations" set by the cap — preserve the issue for post-verdict remittitur.
• Civil penal damages under 5 M.R.S. § 4613(2)(B): $20K / $50K / $100K (1st / 2nd / 3rd+ order against the same respondent under the same subchapter).
• Maine Civil Rights Act (5 M.R.S. § 4681 et seq.). Hate-crimes-style statute. Both the Attorney General (§ 4681) and private parties (§ 4682) may sue. Available remedies include injunctions, compensatory damages, attorney's fees, and (in AG-initiated actions) civil penalties up to $5,000 per violation. Knowing violation of an injunction is a Class D crime.
• Aiding-and-abetting liability. Individuals (managers, supervisors, landlords) may be sued in their personal capacity under 5 M.R.S. § 4633(2) for aiding, abetting, inciting, compelling, or coercing unlawful discrimination.
• Federal parallel claims. Cross-file with EEOC (EEOC and MHRC have a work-sharing agreement). Title VII gives 90 days from EEOC right-to-sue notice. § 1988 fees and uncapped Title VII compensatory/punitive (subject to federal employer-size tiers in 42 U.S.C. § 1981a) often dominate the recovery — preserve these counts.
• Statute of limitations on the MHRA civil action. Two years from the act of discrimination unless tolled by the MHRC charge. See 5 M.R.S. § 4613(2-C). Calendar both the 300-day MHRC deadline and the 2-year court deadline.
• Service of process. M.R. Civ. P. 4. Corporate defendants served via registered agent (or Secretary of State as fallback under 5 M.R.S. § 105). Municipal defendants served per 14 M.R.S. § 8104-A (Tort Claims Act notice — verify whether civil rights claims trigger MTCA notice in your case).

16. SOURCES AND REFERENCES

• 5 M.R.S. ch. 337 — Maine Human Rights Act: https://www.mainelegislature.org/legis/statutes/5/title5ch337sec0.html
• 5 M.R.S. § 4571: https://www.mainelegislature.org/legis/statutes/5/title5sec4571.html
• 5 M.R.S. § 4611: https://www.mainelegislature.org/legis/statutes/5/title5sec4611.html
• 5 M.R.S. § 4613: https://www.mainelegislature.org/legis/statutes/5/title5sec4613.html
• 5 M.R.S. § 4622: https://www.mainelegislature.org/legis/statutes/5/title5sec4622.html
• 5 M.R.S. § 4681 (Maine Civil Rights Act): https://www.mainelegislature.org/legis/statutes/5/title5sec4681.html
• Maine Human Rights Commission: https://www.maine.gov/mhrc/
• MHRC — File a Complaint: https://www.maine.gov/mhrc/file
• MHRC Rules (94-348 C.M.R.): https://www.maine.gov/sos/cec/rules/94/chaps94.htm
• Maine Rules of Civil Procedure: https://www.courts.maine.gov/rules/text/mr_civ_p_only_2025-01-01.pdf
• EEOC: https://www.eeoc.gov/
• Bowen v. Department of Human Services, 606 A.2d 1051 (Me. 1992) (MHRA construction)
• Maine Human Rights Comm'n v. City of Auburn, 408 A.2d 1253 (Me. 1979) (MHRA scope)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Maine must review and customize this document before filing. Laws, citations, and court rules change frequently; verify all authorities before use.