Code of Maine Rules
12 - DEPARTMENT OF LABOR
170 - BUREAU OF LABOR STANDARDS
Chapter 12 - RULES RELATING TO EQUAL PAY
Section 170-12-IV - Presumption of Compliance

Universal Citation: 12 ME Code Rules ยง 170-12-IV

Current through 2024-38, September 18, 2024

A. Where an employer, charged under this chapter with unlawful discrimination, has completed a self evaluation which meets the standards set forth in Section V 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, including implementing any required remediation plan, the Bureau will then presume that the employer has not engaged in gender discrimination in violation of this chapter.

B. 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 this chapter. In meeting the burden of overcoming this presumption the aggrieved party may provide all relevant information including, but not limited to, evidence that:

1. The employer's job analysis devalues attributes associated with jobs occupied predominantly by members of one gender and/or over-values attributes associated with jobs occupied predominantly by members of the other gender;

2. Notwithstanding non-discriminatory basic pay rates, periodic raises, bonuses, incentive payments, or other forms of remuneration differ between jobs occupied predominantly by members of one gender; or

3. The job the aggrieved party occupies was not adequately evaluated.

4. A job evaluation process has been completed and, if necessary, a remediation process is in progress or has been completed, but the self-evaluation has not been reviewed and updated at reasonable intervals to adjust for changes in the work environment over time.

C. 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 the standards under Section V, subsection A.

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