In Robards v. Cotton Mill Associates, -- A.2d -- (Me. June 7, 1996), the Maine Law Court held that a portion of the Maine Human Rights Act was preempted by a federal housing regulation. The case concerned a fair housing claim brought by a rejected applicant for a federally subsidized apartment. The applicant claimed that the housing application form he was required to complete and submit impermissibly inquired into the nature of the applicant's disability in violation of Section 4582 of the Maine Human Rights Act. The Law Court held that a specific federal regulation which authorized a federally subsidized housing provider to inquire about certain disability matters preempted the Maine statute to the extent it was inconsistent with the federal regulation.

     The claimant in the Robards case did not assert an employment discrimination claim, but the decision is important to Maine employers and their attorneys for these reasons:

     1. The decision presents a comprehensive discussion by the Maine Law Court of the law of federal preemption. Maine employers are, of course, subject to both federal and state laws in many areas, and this decision makes clear that if a state law conflicts with a federal law, the state law usually is preempted.

     2. The decision also makes clear the major limit on the preemption doctrine: To the extent that a party takes an action that exceeds the authorization of federal law, the action may be prohibited by state law. In the Robards case, for example, it was unclear whether the inquiry made by the housing provider exceeded that authorized by the federal regulation, and so the Law Court remanded the case for further proceedings on that issue.

     3. The lesson of this case for employers is this: To the extent that an employer is required or authorized by federal law to take a certain action, the employer may take that action regardless of any contrary provision in Maine law, but an employer must be careful not to exceed the specific action or actions authorized by federal law. An action in excess of federal authority is not protected by federal law from state regulation.

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Dated: February, 2000

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