Fair Employment Practices Law Summaries
Maine, Fair Employment Practices Law Summaries
The Maine Human Rights Act generally prohibits employment discrimination in the state. The law is codified at Title 5, Part 12, Ch. 337 of the Maine Revised Statutes. For full text of the law, see Employment Practices Guide ¶20-20,027.01 et seq. .
DEFINITIONS
“Qualified individual with a disability” means an individual with a physical or mental disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that the individual holds or desires (Sec. 4553(8-D), as amended by Ch. 393, L. 1995).
For purposes of Maine's Human Rights Act, “employee” means an individual employed by an employer. “Employee” does not include any individual employed by that individual's parents, spouse or child, except for purposes of disability-related discrimination, in which case the individual is considered to be an employee (Sec. 4553(3), as amended by Ch. 393, L. 1995).
For purposes of Maine's Human Rights Act, “employer” includes (Sec. 4553(4), as amended by Ch. 393, L. 1995):
any person in Maine employing any number of employees, whatever the place of employment;
any person outside of Maine employing any number of employees whose usual place of employment is in Maine;
any person acting in the interest of any employer; and
labor organizations, whether or not organized on a religious, fraternal or sectarian basis, with respect to their employment of employees.
“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 (Sec. 4553(4), as amended by Ch. 393, L. 1995).
With regard to mandatory retirement, “employer” means any individual or type of organization, including domestic and foreign corporations and partnerships, doing business in Maine (Sec. 4574).
“Reasonable accommodation” may include, but is not limited to (Sec. 4553(9-A), as amended by Ch. 393, L. 1995):
making existing facilities used by employees readily accessible to and usable by individuals with disabilities; and
job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters and other similar accommodations for individuals with disabilities.
“Physical or mental disability” means (Sec. 4553-A, as added by P.L. 385 (S. 344), L. 2007):
a physical or mental impairment that (a) substantially limits one or more of a person's major life activities; (b) significantly impairs physical or mental health; or (c) requires special education, vocational rehabilitation or related services;
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; mental retardation; multiple sclerosis; muscular dystrophy; paralysis; Parkinson's disease; pervasive developmental disorders; rheumatoid arthritis; schizophrenia; and acquired brain injury;
with respect to an individual, having a record of any of the conditions in items (1) or (2) just above; or
with respect to an individual, being regarded as having or likely to develop any of the conditions in items (1) or (2) just above.
For purposes of this section (Sec. 4553-A, as added by P.L. 385 (S. 344), L. 2007):
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
“Significantly impairs physical or mental health” means having an actual or expected duration of more than six months and impairing health to a significant extent as compared to what is ordinarily experienced in the general population.
“Physical or mental disability” does not include (Sec. 4553-A, as added by P.L. 385 (S. 344), L. 2007):
pedophilia, exhibitionism, voyeurism, sexual behavior disorders, compulsive gambling, kleptomania, pyromania or tobacco smoking;
any condition covered under Sec. 4553(9-C); or
psychoactive substance use disorders resulting from current illegal use of drugs, although this may not be construed to exclude an individual who: (a) 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; (b) is participating in a supervised rehabilitation program and is no longer engaging in such use; (c) is erroneously regarded as engaging in such use, but is not engaging in such use; or (d) in the context of a reasonable accommodation in employment, is seeking treatment or has successfully completed treatment.
The definition of “physical or mental disability” in Sec. 4553-A just above is intended to be interpreted broadly to create greater coverage than under the federal Americans with Disabilities Act of 1990 (Sec. 4554(4), as added by P.L. 385 (S. 344), L. 2007).
COVERAGE
Employers covered under Maine's Human Rights Act include (Sec. 4553, as amended by Ch. 393, L. 1995):
persons within Maine employing any number of employees, whatever the place of employment;
persons outside of Maine employing any number of employees whose usual place of employment is in Maine;
persons acting in the interest of any employer; and
labor organizations, whether or not organized on a religious, fraternal or sectarian basis, with respect to their employment of employees.
With regard to mandatory retirement, covered employers include any individual or type of organization, including domestic and foreign corporations and partnerships, doing business in Maine (Sec. 4574).
Not covered are religious or fraternal corporations or associations, not organized for private profit and in fact not conducted for private profit, in 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 (Sec. 4553, as amended by Ch. 393, L. 1995).
EXCEPTIONS
Bona fide occupational qualifications.- Bona fide occupational qualifications permit discriminatory behavior (Sec. 4572, as amended by Ch. 393, L. 1995).
Bona fide merit or retirement system.- Observing the terms of any bona fide employee benefit plan such as a retirement, pension or insurance plan is allowed if the plan does not evade or circumvent the purposes of the Human Rights Act and complies with the Federal Age Discrimination in Employment Act and the federal Americans with Disabilities Act (Sec. 4573, as amended by Ch. 393, L. 1995).
Preemployment examination records.- Making or keeping a privileged record of a preemployment physical or mental examination is not unlawful if made and kept in compliance with the state's Human Rights Law (Sec. 4572, as amended by Ch. 393, L. 1995).
Religious entities.- A religious corporation, association, educational institution or society may give preference in employment to individuals of its same religion to perform work connected with the carrying on by the entity of its activities. A religious organization may require that all applicants and employees conform to the religious tenets of that organization (Sec. 4573-A, as added by Ch. 393, L. 1995).
Disability discrimination.- It is a defense to a charge of discrimination that an alleged application of qualification standards, tests or selection criteria that screen out or tend to screen out or otherwise deny a job or benefit to an individual with a disability has been shown to be job-related and consistent with business necessity, and such performance cannot be accomplished by reasonable accommodation (Sec. 4573-A, as amended by Ch. 511, L. 1995).
For purposes of this section, “qualification standards ” may include a requirement that an individual does not pose a direct threat to the health or safety of other individuals in the workplace (Sec. 4573-A, as amended by Ch. 511, L. 1995).
An employer may discharge or refuse to hire an individual with a physical or mental disability without legal liability if the individual, because of the disability, is unable to perform the duties or to perform the duties in a manner that would not endanger the health or safety of the individual or others or is unable to be at, remain at, or go to or from the place where the duties of employment are to be performed (Sec. 4573-A, as amended by Ch. 511, L. 1995).
WHAT THE EMPLOYER MUST DO
Employers must hire, discharge, promote, transfer, compensate, and conduct their other employment-related activities without regard to race or color, sex, sexual orientation, physical or mental disability, religion, age, ancestry or national origin, because of the applicant's previous assertion of a claim or right under former Title 39 or Title 39-A or because of previous actions taken by the applicant that are protected under Title 26, Ch. 7, Subch. 5-B (Sec. 4572, as amended by P.L. 10 (S. 413), L. 2005).
Age.- Employers may not refuse to hire an applicant with regard to the individual's age or require, as a condition of employment, an individual to retire at or before a specified age or number of years of service (Sec. 4574).
Sexual orientation.- Unlawful discrimination includes discrimination in employment on the basis of sexual orientation, except that a religious corporation, association or organization that does not receive public funds is exempt from this provision with respect to employment, as is more fully set forth in Sec. 4553(4) and Sec. 4573-A. Any for-profit organization owned, controlled or operated by a religious association or corporation and subject to the provisions of the Internal Revenue Code, 26 United States Code, Sec. 511(a) is not covered by the exemptions set forth in this paragraph (Sec. 4553(10)(G), as added by P.L. 10 (S. 413), L. 2005).
The opportunity for an individual to secure employment without discrimination because of sexual orientation is recognized as and declared to be a civil right (Sec. 4571, as amended by P.L. 10 (S. 413), L. 2005).
Advertisements.- Employers may not print, publish or cause to be printed or published any notice or advertisement relating to employment indicating any preference, limitation, specification or discrimination with regard to race or color, sex, sexual orientation, physical or mental disability, religion, age, ancestry or national origin, any previous assertion of a claim or right under former Title 39 or Title 39-A or any previous actions that are protected under Title 26, Ch. 7, Subch. 5-B (Sec. 4572, as amended by Ch. 393, L. 1995).
Application forms.- Employers may not use any form of application for employment containing questions or entries directly or indirectly pertaining to race or color, sex, sexual orientation, physical or mental disability, religion, age, ancestry or national origin, any previous assertion of a claim or right under former Title 39 or Title 39-A or any previous actions that are protected under Title 26, Ch. 7, Subch. 5-B (Sec. 4572, as amended by P.L. 10 (S. 413), L. 2005).
Qualified individual with a disability.- An employer may not discriminate against a qualified individual with a disability because of the disability of the individual in regard to job application procedures, the hiring, advancement or discharge of employees, employee compensation, job training and other terms, conditions and privileges of employment (Sec. 4572, as amended by Ch. 393, L. 1995).
The prohibition against discrimination against a qualified individual with a disability includes medical examinations and inquiries. An employer may not conduct a medical examination or make inquiries of a job applicant as to whether the applicant is an individual with a disability or as to the nature or severity of the disability (Sec. 4572, as amended by Ch. 393, L. 1995).
However, an employer may make preemployment inquiries into the ability of an applicant to perform job-related functions, and may require a medical examination after an offer of employment has been made to a job applicant and prior to the commencement of the employment duties of the applicant and may condition an offer of employment on the results of the examination, if (Sec. 4572, as amended by Ch. 393, L. 1995):
all entering employees are subjected to the same examination regardless of disability;
information obtained regarding medical condition or history of the applicant is collected and maintained on separate forms and in separate medical files and is treated as a confidential medical record, except that (a) supervisors and managers may be informed regarding necessary restrictions on the work or duties of the employee and necessary accommodations; (b) first aid and safety personnel may be informed, when appropriate, if the disability might require emergency treatment; and (c) government officials investigating compliance with Maine's Human Rights Act are provided relevant information on request; and
the results of the examination are used only in accordance with Maine's Human Rights Act.
An employer may not require a medical examination and may not make inquiries of an employee as to whether the employee is an individual with a disability or as to the nature or severity of the disability, unless the examination or inquiry is shown to be job-related and consistent with business necessity (Sec. 4572, as amended by Ch. 393, L. 1995).
An employer may conduct voluntary medical examinations, including voluntary medical histories, that are part of an employee health program available to employees at that work site. An employer may make inquiries into the ability of an employee to perform job-related functions (Sec. 4572, as amended by Ch. 393, L. 1995).
A test to determine the illegal use of drugs may not be considered a medical examination (Sec. 4572, as amended by Ch. 393, L. 1995).
An employer (Sec. 4572, as amended by Ch. 393, L. 1995):
may prohibit the illegal use of drugs and the use of alcohol at the workplace by all employees;
may require that employees may not be under the influence of alcohol or be engaging in the illegal use of drugs at the workplace;
may require that employees behave in conformance with the requirements established under the Drug-Free Workplace of 1988; and
may hold an employee who engages in the illegal use of drugs or who is an alcoholic to the same qualification standards for employment or job performance and behavior to which that entity holds other employees, even if any unsatisfactory performance or behavior is related to the drug use or alcoholism of the employee; provided that an employer must make reasonable accommodation to an alcoholic or drug user who is seeking treatment or has successfully completed treatment.
Infectious or communicable diseases-food handling.- In any case in which an individual has an infectious or communicable disease that is transmitted to others through the handling of food, that is included on the list developed by the United States Secretary of Health and Human Services under the federal Americans with Disabilities Act, and that cannot be eliminated by reasonable accommodation, an employer may refuse to assign or continue to assign the individual a job involving food handling (Sec. 4573, as amended by Ch. 393, L. 1995).
Nothing in Maine's Human Rights Act may be construed to preempt, modify or amend any state, county or local law, ordinance, rule or regulation applicable to food handling that is designed to protect the public health from individuals who pose a significant risk to the health or safety of others, which cannot be eliminated by reasonable accommodation, pursuant to the list of infectious or communicable diseases and the modes of transmissibility published by the U.S. Secretary of Health and Human Services (Sec. 4573, as amended by Ch. 393, L. 1995).
Illegal aliens.- Private and public employers may not knowingly employ aliens who have not been lawfully admitted to the United States, unless authorized by the U.S. Immigration and Naturalization Service. Prior to employing or referring a person for employment, employers may make a good faith inquiry in writing as to whether that person was a United States citizen, illegal alien or authorized alien (Title 26, Ch. 7, Subch. IX, Sec. 871).
Sexual harassment.- Public and private employers located or doing business in Maine must act to ensure a workplace free of sexual harassment by posting a notice to employees; providing an annual notice to employees; and by providing training to employees (Title 26, Ch. 7, Subch. IV-B, Sec. 807).
Pregnancy.- Employers must treat a pregnant woman who is able to work in the same manner as other persons who are able to work (Sec. 4572-A, as amended by Ch. 393, L. 1995).
Employers must treat a pregnant woman who is not able to work because of a disability, illness or medical condition resulting from pregnancy in the same manner as other employees who are not able to work because of other disabilities or illnesses (Sec. 4572-A, as amended by Ch. 393, L. 1995).
HIV testing.- An employee or applicant for employment may not be required to submit to an HIV test or reveal whether the employee or applicant for employment has obtained an HIV test as a condition of employment or to maintain employment, except when based on a bona fide occupational qualification. The employment status of an employee may not be affected or changed (Title 5, Pt. 23, Ch. 501, Sec. 19204-B):
if the employee declines to be tested pursuant to Sec. 19203-A, which deals with informed consent;
if the employee testifies or assists in a public health-related proceeding;
if the employee asserts any other public health-related rights exercised in good faith; or
because of the result of any test taken pursuant to Maine's public health law.
Equal pay.- An employer may not discriminate between employees in the same establishment on the basis of sex by paying wages to any employee in any occupation in Maine at a rate less than the rate at which it pays any employee of the opposite sex for comparable work on jobs that have comparable requirements relating to skill, effort and responsibility. Differentials that are paid pursuant to established seniority systems or merit increase systems or difference in the shift or time of the day worked that do not discriminate on the basis of sex are not within this prohibition. An employer may not discharge or discriminate against any employee by reason of any action taken by such employee to invoke or assist in the enforcement of the equal pay law. An employer may not prohibit an employee from disclosing the employee's own wages or from inquiring about another employee's wages if the purpose of the disclosure or inquiry is to enforce the rights granted by this section. Nothing in this section creates an obligation to disclose wages (Sec. 628, as amended by P.L. 29 (S. 33), L. 2009).
Whoever violates the equal pay law is subject to a forfeiture of not less than $100 nor more than $500 for each violation (Sec. 626-A).
Rules.- The Bureau of Labor Standards of Maine's Department of Labor has adopted a rule relating to equal pay, effective November 19, 2001 (Agency 12-170, Ch. 12. Adopted under Rule Number 2001-493). This rule provides definitions and procedures for enforcement of Maine Revised Statutes Annotated, Title 26, Ch. 7, Sec. 628 (see just above).
For purposes of the equal pay law, “employee” means every person who may be permitted, required, or directed by any employer to engage in any employment in consideration of direct or indirect gain or profit.
For purposes of the equal pay law, “employer” means an individual, partnership, association, corporation, legal representative, political subdivision of the state, trustee, receiver, trustee in bankruptcy, and any express company or common carrier by rail, motor, water, or air doing business or operating within the state.
For purposes of the equal pay law, “establishment” means an industrial or commercial facility or place of business. An entity operated by the same employer will be considered a single establishment for purpose of this chapter even though it may operate at different physical locations, where employees at these separate locations are engaged in functionally similar operations and there is a substantial degree of central authority for establishing personnel rules and approving wage rates.
For purposes of the equal pay law, “wages” means all payments made to or on behalf of an employee as remuneration for employment. The term wages includes all forms of compensation irrespective of the time of payment, whether paid periodically or deferred until a later date, and whether called wages, salary, or profit sharing. An expense account, monthly minimum, bonus, uniform cleaning allowance, board or lodging, use of company car, gasoline allowance, vacation and holiday pay and premium pay for work on weekends, holidays or other days, or hours in excess or outside of the employee's regular days or hours of work are also considered remuneration for employment under this chapter.
Any aggrieved party who believes that he or she has been discriminated against in violation of the state's equal pay law may file a complaint with the Bureau of Labor Standards. If the bureau determines that the facts provided by the aggrieved party do not state a claim upon which relief can be granted, it may dismiss the complaint, but must keep confidential the name of the aggrieved party and the employer involved.
As soon as practicable, the bureau must, except in those complaints dismissed as described above, provide written notice to the employer against whom allegations have been made that a complaint has been filed, along with such information as is reasonably sufficient for the employer to understand and respond to the complaint. Where an aggrieved party requests confidentiality, the bureau must make every effort to prevent the identity of the aggrieved party from becoming known to the employer except when doing so might compromise the bureau's ability to conduct its investigation. In such cases, the bureau will advise the aggrieved party of its need to reveal his or her identity, and, thereafter, allow that party an opportunity to withdraw the complaint before notification is given to the employer.
With respect to all complaints, except those dismissed as described above, the bureau must conduct an investigation and determine if reasonable cause exists to believe that discrimination has occurred in violation of the equal pay law.
At the conclusion of its investigation, the bureau must make one of the following findings:
reasonable cause found. If the bureau determines that there is reasonable cause to believe that discrimination has occurred under this chapter it may: (a) seek a voluntary compliance agreement signed by the employer that eliminates the unlawful practice and provides appropriate relief to the aggrieved party; or (b) refer the complaint to the Attorney General, informing the Attorney General of the relevant facts and recommending the commencement of a civil enforcement action.
no reasonable cause found. If the bureau determines that there is no reasonable cause to believe that discrimination has occurred, the complaint will be dismissed.
Prior to the issuance of a reasonable cause determination, the parties may settle the complaint on mutually agreeable terms. Such an agreement will not affect the processing of a complaint made by any other aggrieved party, the allegations of which are like or related to the individual allegations settled.
Any person affected by a determination of the Director of the Bureau of Labor Standards may appeal that determination to the Commissioner of Labor by filing a written notice with the commissioner stating the specific grounds of that person's objection within 15 working days from the issuance of the determination. After the 15 working days, the determination is a final agency action.
Where an employer, charged under this chapter with unlawful discrimination, has completed a self evaluation that meets statutory standards and can also make an affirmative showing that progress is being made towards removing or preventing wage differentials based on gender, in accordance with that evaluation, the bureau will then presume that the employer has not engaged in gender discrimination in violation of the equal pay law.
In such cases, the bureau must give the aggrieved party an opportunity to rebut this presumption through evidence which reasonably demonstrates that, notwithstanding the employer's self-evaluation, the employer has violated the equal pay law.
An employer wishing to avail themselves of this presumption must produce documentation describing the self-evaluation process in the detail necessary to show that they have met statutory standards.
NOTICE
Sexual harassment.- Public and private employers located or doing business in Maine must provide annual written individual notice to all employees that includes at a minimum the following information: the illegality of sexual harassment; the definition of sexual harassment under state law; a description of sexual harassment, utilizing examples; the internal complaint process available through the Maine Human Rights Commission; directions on how to contact the commission; and the protection against retaliation as provided in the Maine Human Rights Act. This notice must be delivered in a manner to ensure notice to all employees without exception, such as including the notice with an employee's pay (Title 26, Ch. 7, Subch. IV-B, Sec. 807(2)).
Human rights violations.- As relief or a penalty for a human rights violation, an employer may be directed to post in a conspicuous place notices setting forth requirements for compliance with the Human Rights Act or other relevant information that the Commission determines necessary (Sec. 4566).
DEADLINES
Anyone aggrieved by an alleged unlawful employment practice must file a charge with the Maine Human Rights Commission within six months of the date of occurrence of the alleged violation (Sec. 4611, as amended by Ch. 393, L. 1995).
POLICIES
Quota system.- Employers may not establish, announce or follow a policy of denying or limiting, through a quota system or otherwise, employment opportunities of any group with regard to race or color, sex, sexual orientation, physical or mental disability, religion, age, ancestry or national origin, the previous assertion of a claim or right under former Title 39 or Title 39-A or because of previous actions that are protected under Title 26, Ch. 7, Subch. 5-B, of that group (Sec. 4572, as amended by P.L. 10 (S. 413), L. 2005).
Federal Indian policy.- Nothing in Maine's Human Rights Act may be construed to prohibit any employment policy or action that is permitted under the federal Equal Employment Opportunity Act governing employment of Indians (Sec. 4573, as amended by Ch. 393, L. 1995).
Preemployment inquiries.- Employers may not, prior to an individual's employment, elicit or attempt to elicit information pertaining to race or color, sex, sexual orientation, physical or mental disability, religion, age, ancestry or national origin, any previous assertion of a claim or right under former Title 39 or Title 39-A or any previous actions that are protected under Title 26, Ch. 7, Subch. 5-B (Sec. 4572, as amended by P.L. 10 (S. 413), L. 2005).
Records.- Employers may not, prior to an individual's employment, make or keep a record of race or color, sex, sexual orientation, physical or mental disability, religion, age, ancestry or national origin, any previous assertion of a claim or right under former Title 39 or Title 39-A or any previous actions that are protected under Title 26, Ch. 7, Subch. 5-B, except under physical or mental disability when an employer requires a physical or mental examination prior to employment, a privileged record of that examination is permissible if made and kept in compliance with Maine's Human Rights Act (Sec. 4572, as amended by P.L. 10 (S. 413), L. 2005).
TESTING
For purposes of the provisions regarding discrimination against a qualified individual with a disability, a test to determine the illegal use of drugs may not be considered a medical examination (Sec. 4572, as amended by Ch. 393, L. 1995).
It is a defense to a charge of discrimination that an alleged application of qualification standards, tests or selection criteria that screen out or tend to screen out or otherwise deny a job or benefit to an individual with a disability has been shown to be job-related and consistent with business necessity, and such performance cannot be accomplished by reasonable accommodation (Sec. 4573-A, as amended by Ch. 511, L. 1995).
See also WHAT THE EMPLOYER MUST DO, HIV testing, above.
TRAINING
Sexual harassment.- Public and private employers with 15 or more employees located or doing business in Maine must conduct an education and training program for all new employees within one year of commencement of employment that includes, at a minimum, the following information: the illegality of sexual harassment; the definition of sexual harassment under state and federal laws and federal regulations, including the Maine Human Rights Act and the Civil Rights Act of 1964; a description of sexual harassment, utilizing examples; the internal complaint process available to the employee; directions on how to contact the commission; and the protection against retaliation as provided in the Maine Human Rights Act (Title 26, Ch. 7, Subch. IV-B, Sec. 807(3)).
Employers must conduct additional training for supervisory and managerial employees within one year of commencement of employment that includes, at a minimum, the specific responsibilities of supervisory and managerial employees and methods that these employees must take to ensure immediate and appropriate corrective action in addressing sexual harassment complaints (Title 26, Ch. 7, Subch. IV-B, Sec. 807(3)).
ENFORCEMENT
Any person aggrieved by an alleged unlawful employment practice may file a charge with the Maine Human Rights Commission within six months of occurrence, or the Commission itself may file a charge (Sec. 4611, as amended by Ch. 393, L. 1995).
If there are reasonable grounds to believe that a human rights violation occurred, the Human Rights Commission will try to eliminate the effect of the alleged violation by means of conference, conciliation and persuasion (Sec. 4612, as amended by Ch. 462, L. 1995).
If conciliation is not successful, the Human Rights Commission may file a complaint in the superior court for a civil action seeking appropriate relief. Also, if, within 180 days of a complaint being filed with the commission, the commission has not filed a civil action or entered into a conciliation agreement, the complainant may request a right-to-sue letter and, if a letter is given, the commission will end its investigation (Sec. 4612, as amended by Ch. 462, L. 1995).
Equal pay.- See WHAT THE EMPLOYER MUST DO, above.
WHO TO CONTACT
Contact the Human Rights Commission, State House Station 51, Augusta, ME 04333-0051, Telephone: (207) 624-6050, Fax: (207) 624-6063, TDD: (207) 624-6064.
RECORDKEEPING
Records.- Employers may not, prior to an individual's employment, make or keep a record of race or color, sex, sexual orientation, physical or mental disability, religion, age, ancestry or national origin, any previous assertion of a claim or right under former Title 39 or Title 39-A or any previous actions that are protected under Title 26, Ch. 7, Subch. 5-B, except under physical or mental disability when an employer requires a physical or mental examination prior to employment, a privileged record of that examination is permissible if made and kept in compliance with Maine's Human Rights Act (Sec. 4572, as amended by P.L. 10 (S. 413), L. 2005).
After employment, employers may make a record of such features of an individual as are needed for identification, provided that the records are intended and used in good faith solely for identification, and not for the purpose of discrimination. Records of features regarding physical or mental disability that are collected must be collected and maintained on separate forms and in separate files and be treated as confidential records (Sec. 4573, as amended by Ch. 393, L. 1995).
POSTING
The Human Rights Commission may require an employer to post in a conspicuous place notices setting forth requirements for compliance with the Human Rights Act or other relevant information that the Commission determines necessary (Sec. 4566).
Sexual harassment.- Public and private employers located or doing business in Maine must post in a prominent and accessible location in the workplace a poster providing, at a minimum, the following information: the illegality of sexual harassment; a description of sexual harassment, utilizing examples; the complaint process available through the Maine Human Rights Commission; and directions on how to contact the commission. The text of this poster may meet, but may not exceed sixth-grade literacy standards. Upon request, the commission must provide this poster to employers at a price that reflects the cost (Title 26, Ch. 7, Subch. IV-B, Sec. 807(1)).
PENALTIES
If a court finds that unlawful discrimination occurred, its judgment must specify an appropriate remedy or remedies for that discrimination. The remedies may include, but are not limited to (Sec. 4613, as amended by P.L. 457 (H. 964), L. 2007):
an order to cease and desist from the unlawful practices;
an order to employ or reinstate a victim of unlawful employment discrimination, with or without back pay;
in cases of intentional employment discrimination, compensatory and punitive damages as provided below.
In an action brought by a complaining party under Sec. 4612 and this section against an employer who engaged in unlawful intentional employment discrimination prohibited by the Maine Human Rights Act, if the complaining party cannot recover under federal civil rights provisions, the complaining party may recover compensatory and punitive damages as described below in addition to any relief authorized above from the employer (Sec. 4613, as amended by P.L. 457 (H. 964), L. 2007).
When a discriminatory practice involves the provision of a reasonable accommodation, damages may not be awarded as described below when the employer demonstrates good faith efforts, in consultation with the person with the disability who has informed the employer that accommodation is needed, to identify and make a reasonable accommodation that would provide that individual with an equally effective opportunity and would not cause an undue hardship on the operation of the business (Sec. 4613, as amended by P.L. 457 (H. 964), L. 2007).
A complaining party may recover punitive damages against an employer if the complaining party demonstrates that the employer engaged in a discriminatory practice or practices with malice or with reckless indifference to the rights of an aggrieved individual protected by the Maine Human Rights Act (Sec. 4613, as amended by P.L. 457 (H. 964), L. 2007).
The sum of compensatory damages awarded for future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, other nonpecuniary losses and the amount of punitive damages awarded may not exceed for each party (Sec. 4613, as amended by P.L. 457 (H. 964), L. 2007):
in the case of an employer who has more than 14 and fewer than 101 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $50,000;
in the case of an employer who has more than 100 and fewer than 201 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $100,000;
in the case of an employer who has more than 200 and fewer than 501 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $300,000; and
in the case of an employer who has more than 500 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $500,000.
Equal pay.- See WHAT THE EMPLOYER MUST DO, above.