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Maine Revised Statutes

Me. Rev. Stat. tit. 5, § 4553-A (2026)

Physical or mental disability

✓ current as of May 2026
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1.  Physical or mental disability, defined.  "Physical or mental disability" means:  
A. A physical or mental impairment that:  
(1) Substantially limits one or more of a person's major life activities;  
(2) Significantly impairs physical or mental health; or  
(3) Requires special education, vocational rehabilitation or related services;   [PL 2007, c. 385, §3 (NEW).]
B. Without regard to severity unless otherwise indicated: absent, artificial or replacement limbs, hands, feet or vital organs; alcoholism; amyotrophic lateral sclerosis; bipolar disorder; blindness or abnormal vision loss; cancer; cerebral palsy; chronic obstructive pulmonary disease; Crohn's disease; cystic fibrosis; deafness or abnormal hearing loss; diabetes; substantial disfigurement; epilepsy; heart disease; HIV or AIDS; kidney or renal diseases; lupus; major depressive disorder; mastectomy; intellectual disability; multiple sclerosis; muscular dystrophy; paralysis; Parkinson's disease; pervasive developmental disorders; rheumatoid arthritis; schizophrenia; and acquired brain injury;   [PL 2011, c. 542, Pt. A, §3 (AMD).]
C. With respect to an individual, having a record of any of the conditions in paragraph A or B; or   [PL 2007, c. 385, §3 (NEW).]
D. With respect to an individual, being regarded as having or likely to develop any of the conditions in paragraph A or B.   [PL 2007, c. 385, §3 (NEW).]
[PL 2011, c. 542, Pt. A, §3 (AMD).]
2.  Additional terms.  For purposes of this section:  
A. The existence of a physical or mental disability is determined without regard to the ameliorative effects of mitigating measures such as medication, auxiliary aids or prosthetic devices; and   [PL 2007, c. 385, §3 (NEW).]
B. "Significantly impairs physical or mental health" means having an actual or expected duration of more than 6 months and impairing health to a significant extent as compared to what is ordinarily experienced in the general population.   [PL 2007, c. 385, §3 (NEW).]
[PL 2007, c. 385, §3 (NEW).]
3.  Exceptions.  "Physical or mental disability" does not include:  
A. Pedophilia, exhibitionism, voyeurism, sexual behavior disorders, compulsive gambling, kleptomania, pyromania or tobacco smoking;   [PL 2007, c. 385, §3 (NEW).]
B. Any condition covered under section 4553, subsection 9‑C; or   [PL 2007, c. 385, §3 (NEW).]
C. Psychoactive substance use disorders resulting from current illegal use of drugs, although this may not be construed to exclude an individual who:  
(1) Has successfully completed a supervised drug rehabilitation program and is no longer engaging in the illegal use of drugs or has otherwise been rehabilitated successfully and is no longer engaging in such use;  
(2) Is participating in a supervised rehabilitation program and is no longer engaging in such use;  
(3) Is erroneously regarded as engaging in such use, but is not engaging in such use; or  
(4) In the context of a reasonable accommodation in employment, is seeking treatment or has successfully completed treatment.   [PL 2007, c. 385, §3 (NEW).]
[PL 2007, c. 385, §3 (NEW).]
SECTION HISTORY
PL 2007, c. 385, §3 (NEW). PL 2011, c. 542, Pt. A, §3 (AMD).
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Notes of Decisions
Cited in 11 cases (2 in the last 5 years), 2007–2023 · leading case: Linda J. Clifford v. MaineGeneral Med. Ctr., 2014 ME 60 (Me. 2014).
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Linda J. Clifford v. MaineGeneral Med. Ctr., 2014 ME 60 (Me. 2014). “Shortly thereafter, two Maine State Police troopers entered Clifford’s home, searched her home and her person for guns and contraband, took her into custody, and delivered her to Maine-General for a psychiatric evaluation.”
O'Leary v. Infrasource Transmission Servs. Co., 758 F. Supp. 2d 9 (D. Me. 2010). “§ 4552(7-A) (repealed June 21, 2007); 5 M.R.S. § 4553-A(1)(A)(3), but these definitions of disability are in the alternative.”
Rooney v. Sprague Energy Corp., 519 F. Supp. 2d 131 (D. Me. 2007). · cites it 2× “2 5 M.R.S.A. § 4553-A. One major difference between these two definitions is that under the old law as interpreted in Whitney , the plaintiff is not required to demonstrate that he is substantially limited in a major life activity; whereas, under the new law, the substantially…”
Kane v. Vsi Meter Servs., Inc., 723 F. Supp. 2d 268 (D. Me. 2010). · cites it 2× “”); 5 M.R.S.A. § 4553-A(l)(A) (2007) (" 'Physical or mental disability' means .”
Brown v. Hartt Transp., Sys., Inc., 725 F. Supp. 2d 210 (D. Me. 2010). “See 5 M.R.S. § 4553-A (identifying certain impairments as disabilities "[w]ithout regard to severity unless otherwise indicated,” including "heart disease”).”
Smith v. City of Sanford (Me. Super. Ct 2019). · cites it 5× “The Maine Human Rights Act provides in 5 M.R.S. § 4553-A(l) several, alternate definitions of "physical or mental disability," including the following which are relevant to this case.”
Brian K. Smith v. City of Sanford, 2023 ME 48 (Me. 2023). “See 5 M.R.S. §§ 4553-A(1)(A), (C)-(D), 4571-72.”
Owen v. Town & Country Fed. Credit Union (Me. Super. Ct 2023). · cites it 2× “§ 4553-A(1) reads: 1. Physical or mental disability, defined.”
Paraskevopoulos v. Cent. Maine Med. Ctr. (D. Me. 2019). “See 5 M.R.S.A. § 4553-A(1)(B). “major life activities[,]” 42 U.”
Hudson v. State of Maine Comm'n of Gov't Ethics (Me. Super. Ct 2018). “" 5 M.R.S. § 4553-A. In this case, Ms. Hudson alleges that she has a disability that arises from her skin condition.”
Maine Human Rights Comm'n v. D & L Apts. (Me. Super. Ct 2019). “Additionally, "physical or mental disability" is defined as "[a] physical or mental impairment that: (1) Substantially limits one or more of a person's major life activities; (2) Significantly impairs physical or mental health; or (3) Requires special education, vocational…”
— Me. Rev. Stat. tit. 5, § 4553-A(1) — 1 case
Owen v. Town & Country Fed. Credit Union (Me. Super. Ct 2023). “§ 4553-A(1) reads: 1. Physical or mental disability, defined.”
— Me. Rev. Stat. tit. 5, § 4553-A(1)(A) — 1 case
Brian K. Smith v. City of Sanford, 2023 ME 48 (Me. 2023). “See 5 M.R.S. §§ 4553-A(1)(A), (C)-(D), 4571-72.”
— Me. Rev. Stat. tit. 5, § 4553-A(1)(A)(3) — 1 case
O'Leary v. Infrasource Transmission Servs. Co., 758 F. Supp. 2d 9 (D. Me. 2010). “§ 4552(7-A) (repealed June 21, 2007); 5 M.R.S. § 4553-A(1)(A)(3), but these definitions of disability are in the alternative.”
— Me. Rev. Stat. tit. 5, § 4553-A(1)(B) — 1 case
Paraskevopoulos v. Cent. Maine Med. Ctr. (D. Me. 2019). “See 5 M.R.S.A. § 4553-A(1)(B). “major life activities[,]” 42 U.”
— Me. Rev. Stat. tit. 5, § 4553-A(3) — 1 case
Rooney v. Sprague Energy Corp., 519 F. Supp. 2d 131 (D. Me. 2007). “2 5 M.R.S.A. § 4553-A. One major difference between these two definitions is that under the old law as interpreted in Whitney , the plaintiff is not required to demonstrate that he is substantially limited in a major life activity; whereas, under the new law, the substantially…”
— Me. Rev. Stat. tit. 5, § 4553-A(l) — 1 case
Smith v. City of Sanford (Me. Super. Ct 2019). “The Maine Human Rights Act provides in 5 M.R.S. § 4553-A(l) several, alternate definitions of "physical or mental disability," including the following which are relevant to this case.”
— Me. Rev. Stat. tit. 5, § 4553-A(l)(A) — 2 cases
Linda J. Clifford v. MaineGeneral Med. Ctr., 2014 ME 60 (Me. 2014). “Shortly thereafter, two Maine State Police troopers entered Clifford’s home, searched her home and her person for guns and contraband, took her into custody, and delivered her to Maine-General for a psychiatric evaluation.”
Kane v. Vsi Meter Servs., Inc., 723 F. Supp. 2d 268 (D. Me. 2010). “”); 5 M.R.S.A. § 4553-A(l)(A) (2007) (" 'Physical or mental disability' means .”
— Me. Rev. Stat. tit. 5, § 4553-A(l)(A)(2) — 1 case
Smith v. City of Sanford (Me. Super. Ct 2019). “The Maine Human Rights Act provides in 5 M.R.S. § 4553-A(l) several, alternate definitions of "physical or mental disability," including the following which are relevant to this case.”
— Me. Rev. Stat. tit. 5, § 4553-A(l)(A)(l) — 1 case
Smith v. City of Sanford (Me. Super. Ct 2019). “The Maine Human Rights Act provides in 5 M.R.S. § 4553-A(l) several, alternate definitions of "physical or mental disability," including the following which are relevant to this case.”
— Me. Rev. Stat. tit. 5, § 4553-A(l)(B) — 1 case
Kane v. Vsi Meter Servs., Inc., 723 F. Supp. 2d 268 (D. Me. 2010). “”); 5 M.R.S.A. § 4553-A(l)(A) (2007) (" 'Physical or mental disability' means .”
— Me. Rev. Stat. tit. 5, § 4553-A(l)(C) — 1 case
Smith v. City of Sanford (Me. Super. Ct 2019). “The Maine Human Rights Act provides in 5 M.R.S. § 4553-A(l) several, alternate definitions of "physical or mental disability," including the following which are relevant to this case.”
— Me. Rev. Stat. tit. 5, § 4553-A(l)(D) — 1 case
Smith v. City of Sanford (Me. Super. Ct 2019). “The Maine Human Rights Act provides in 5 M.R.S. § 4553-A(l) several, alternate definitions of "physical or mental disability," including the following which are relevant to this case.”
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