Code of Maine Rules
12 - DEPARTMENT OF LABOR
179 - BOARD OF OCCUPATIONAL SAFETY AND HEALTH
Chapter 8 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR WHISTLEBLOWER/DISCRIMINATION IN THE PUBLIC SECTOR
Section 179-8-1 - Prohibition Against Discrimination

As set forth in 26 M.R.S. §570, a person may not discharge or in any manner discriminate against an employee because that employee has filed any complaint concerning an alleged occupational safety or health hazard or has testified or is about to testify in any proceeding relating to employee safety and health or because of the exercise by the employee on behalf of the employee or others of any right under this chapter.

Any employee who believes that the employee has been discharged or otherwise discriminated against by any person in violation of this section may, within 30 days after the alleged violation occurs, file a complaint with the director, alleging discrimination. Upon receipt of the complaint, the director shall conduct an investigation as the director determines is appropriate. If upon investigation the director determines that the provisions of this chapter have been violated, the director shall bring an action in the Superior Court in the county in which the alleged violation occurred. In any action, the Superior Court has jurisdiction, for cause shown, to restrain violations of this section and order all appropriate relief, including rehiring or reinstatement of the employee to the employee's former position with back pay.

Within 90 days of the receipt of a complaint filed under this section, the director shall notify the complainant of the director's determination.