Code of Maine Rules
94 - INDEPENDENT AGENCIES
348 - MAINE HUMAN RIGHTS COMMISSION
Chapter 3 - EMPLOYMENT REGULATIONS of the MAINE HUMAN RIGHTS COMMISSION
Section 348-3-12 - AGE DISCRIMINATION
Universal Citation: 94 ME Code Rules ยง 348-3-12
Current through 2024-13, March 27, 2024
In addition to any other unlawful practice on the basis of age prohibited by this chapter or the Act:
1. Mandatory retirement age prohibited
A.
Definitions.
As used in this subsection, unless the context otherwise indicates, the
following terms shall have the following meanings:
(1)
Employer shall mean any
individual or type of organization, including domestic and foreign corporations
and partnerships, doing business in the State. Employer also
includes the State or any local government, and any department, agency, special
purpose district or other instrumentality of the State, two or more states or a
local government.
(2)
Normal retirement age means the specified age, the years of
service requirement or any age and years of service combination at which a
person may become eligible for retirement benefits. This subparagraph may not
be construed to require the mandatory retirement of a person or to deny
employment to any person based solely on that person's normal retirement
age.
B.
Unlawful
employment discrimination. It shall be unlawful employment
discrimination:
(1) For any employer to fail
or refuse to hire any applicant for employment because of the age of the
individual; or
(2) For any employer
to require or permit, as a condition of employment, any employee to retire at
or before a specified age or after completion of a specified number of years of
service.
C. This
subsection shall not be construed to prohibit the use of a normal retirement
age, provided that normal retirement age and the accrual or awarding of pension
or retirement benefits shall not be used in any way to require the retirement
of an employee or to deny employment to a person.
D.
Applicability. This
subsection shall apply to all employers in the State.
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