Code of Maine Rules
94 - INDEPENDENT AGENCIES
348 - MAINE HUMAN RIGHTS COMMISSION
Chapter 3 - EMPLOYMENT REGULATIONS of the MAINE HUMAN RIGHTS COMMISSION
Section 348-3-11 - SEX DISCRIMINATION

A. For the purpose of this chapter, the word sex includes pregnancy and medical conditions which result from pregnancy. "Pregnancy-related condition" means a known limitation of an employee's ability to perform the functions of a job due to pregnancy, childbirth, termination of a pregnancy, or pregnancy=related medical conditions, such as lactation.

B. Pregnant persons who are able to work. It shall be unlawful employment discrimination in violation of this chapter and the Act, except where based on a bona fide occupational qualification, for an employer, employment agency or labor organization to treat a pregnant person who is able to work in a different manner from other persons who are able to work.

C. Pregnant persons who are not able to work. It shall also be unlawful employment discrimination in violation of this chapter and the Act, except where based on a bona fide occupational qualification, for an employer, employment agency or labor organization to treat a pregnant person who is not able to work because of a disability or a pregnancy-related condition, in a different manner from other employees who are not able to work because of other disabilities or illnesses.

D. Any written or unwritten employment policy or practice which excludes from employment applicants or employees because of pregnancy or pregnancy-related conditions is prima facie evidence of unlawful employment discrimination.

E. Disabilities caused or contributed to by pregnancy, miscarriage, abortion, childbirth, or other pregnancy-related conditions, and recovery therefrom, for all job-related purposes, shall be treated the same as disabilities caused or contributed to by other medical conditions, under any health or disability insurance or sick leave plan available in connection with employment.

F. Any written or unwritten employment policies and practices involving matters such as the commencement and duration of leave, the availability of extensions, the accrual of seniority and other benefits and privileges, reinstatement and payment under any health or disability insurance or sick leave plan, formal or informal, shall be applied to disability due to pregnancy, childbirth or pregnancy-related conditions on the same terms and conditions as they are applied to other disabilities.

G. Where the termination of an employee who is temporarily disabled is caused by an employment policy under which insufficient or no leave is available, such a termination is unlawful employment discrimination on the basis of sex if it has a disparate impact on employees of one sex and is not justified as a business necessity.

H. Reasonable accommodations. It is unlawful discrimination for an employer, employment agency, or labor organization to fail upon request to provide a reasonable accommodation for an employee with a pregnancy-related condition unless the employer, employment agency, or labor organization establishes that providing an accommodation would amount to an undue hardship on the operation of the business. Reasonable accommodations for pregnancy-related conditions may include, but are not limited to, more frequent or longer breaks, temporary relief from hazardous assignments, and provisions for lactation.

I. Employer not responsible for additional benefits. Nothing in this subsection may be construed to mean that an employer, employment agency or labor organization is required to provide sick leave, a leave of absence, medical benefits or other benefits to a personbecause of pregnancy or other pregnancy-related conditions if the employer, employment agency or labor organization does not also provide sick leaves, leaves of absence, medical benefits or other benefits for the employer's other employees and is not otherwise required to provide those leaves or benefits under other state or federal laws. Reasonable accommodations for pregnancy and pregnancy-related conditions are not additional benefits.

J. It is unlawful to discriminate against a person because that person has terminated their pregnancy.